Perry, Ex Parte James Richard "Rick"

Keller, P.J.,

delivered the opinion of the Court as to Parts I, II.B.3, III and IV in which

Keasler, Hervey, Alcala, Yeary and Newell, JJ., joined and announced the judgment of the Court and filed an opinion as to the remainder of Part II in which Alcala and Yeary, JJ., joined.

This case arises from a governor’s threat to exercise a veto and his ultimate exercise of that veto. Whether the State can prosecute the governor for these acts depends upon (1) whether prosecuting the exercise of a veto under the “abuse of official capacity” statute is a violation of the Separation of Powers provision of…