January 27, 2015 3:45 PM

Updated: Criminal case against Rick Perry will proceed after judge declines to dismiss charges

The case could now be seriously stalled; Perry’s lead attorney says there will be an immediate appeal

The latest on the story was first reported by Tony Plohetski at the Austin American Statesman.

Shortly after the news broke Tuesday afternoon, Perry’s lead attorney Tony Buzbee said Perry “acted lawfully and properly exercised his power under the law as Governor to protect the public safety and integrity of government. Continued prosecution of Governor Perry is an outrage and sets a dangerous precedent in our Democracy. America’s commitment to the Constitution and the rule of law is at stake in this case, which is why we will immediately appeal this decision to the Third District Court of Appeals.”

The group that filed the criminal complaint against Perry, Texans for Public Justice, took issue with Perry's "high priced legal team" and national pundits who have said the indictment is too flimsy to stand up in court. "Today a top GOP judge again refused to dismiss the case,” said TPJ director Craig McDonald. “The prosecutor and a grand jury have said there's compelling evidence against Perry. That evidence should be presented in court for all to see. The chances of that happening improved today.”

A copy of the order from Judge Bert Richardson is here.