McInnis v. State

The State of Texas, acting through the Prosecutors Coordinating Council, filed a petition to remove Oscar B. McInnis from his office of Criminal District Attorney. In 1978, while the removal suit was pending, Mclnnis was reelected for a second term. After his reelection, McInnis filed a motion to dismiss the removal suit. The motion to dismiss was based on article 5986, which provides, “No officer in this State shall be removed from office for any act he may have committed prior to his election to office.” Tex.Rev.Civ.Stat.Ann. art. 5986 (Vernon 1962). The removal suit was dismissed, the…