“Application of the preponderance of the evidence standard would not be sufficient to ensure that any deprivation of Respondent’s [Keller’s] property interest in her position as Presiding Judge of the Court of Criminal Appeals would not be arbitrary,” Keller alleges in the motion.
Keller claims she has a "legitimate claim to entitlement to her position as Presiding Judge of the CCA".
Michael Richard had a legitimate claim not to be deprived of life without due process of law. He had a legitimate claim not to be told "we close at 5" by the presiding judge of the Texas Court of Criminal Appeals on the day of his execution.
Sharon Keller's Motion for Application of Proper Evidentiary Standard -