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Perry attorneys file second motion to dismiss indictment

Gov. Rick Perry's lawyers have filed a second writ of habeas corpus to dismiss the charges against the governor, according to documents released Friday.
NEW ORLEANS, LA - JUNE 18: Texas governor Rick Perry speaks during the 2011 Republican Leadership Conference on June 18, 2011 in New Orleans, Louisiana. The 2011 Republican Leadership Conference features keynote addresses from most of the major republican candidates for president as well as numerous republican leaders from across the country. (Photo by Justin Sullivan/Getty Images)

AUSTIN -- Gov. Rick Perry's lawyers have filed a second writ of habeas corpus to dismiss the charges against the governor, according to documents released Friday.

The motion cites procedural missteps by special prosecutor Michael McCrum during the grand jury investigation and the indictment.

"The records on file in these cases reflect, Mr. McCrum, the purported attorney pro tem, is acting illegally because the basic procedural requirements have apparently been overlooked," the motion says.

READ: Full writ of habeas corpus

The motion also says the Texas Code of Criminal Procedure was violated when McCrum was appointed.

Perry's attorneys filed their first writ of habeas corpus to dismiss the indictment in August, and Perry filed his first motion to dismiss the indictment on Sept. 8.

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