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AUSTIN, Texas (AP) — An appeals court has sided with Texas Attorney General Ken Paxton in his pursuit of a new judge to oversee his criminal trial on securities fraud charges.

The ruling Tuesday is likely to result in a Paxton getting a new trial date for the third time since the Republican was indicted in 2015 on charges of misleading investors in a teach startup.

The trial had been scheduled to start in September.

Paxton has pleaded not guilty.

State District Judge George Gallagher ruled earlier this year that prosecutors couldn’t get a fair trial in Paxton’s hometown near Dallas and moved the case to Houston.

Paxton has since tried getting the judge removed.

The Dallas-based 5th Court of Appeals ruled that Gallagher lacks authority to preside over the case outside Collin County.

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