In re Thompson
Docket Number | PD-1371-13 |
Decision Date | 17 September 2014 |
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122 cases
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Ex parte Metzger
...the Texas Court of Criminal Appeals declared the previous version of section 21.15(b)(1) unconstitutional. See Ex parte Thompson , 442 S.W.3d 325 (Tex. Crim. App. 2014).1 Sections 21.15(b)(1) and (b)(2) now provide: (b) A person commits an offense if, without the other person's consent and ......
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State v. Johnson
...York, 487 U.S. 1, 14, 108 S.Ct. 2225, 101 L.Ed.2d 1 (1988) ; Broadrick, 413 U.S. at 613, 93 S.Ct. 2908. See also Ex parte Thompson, 442 S.W.3d 325, 349 (Tex. Crim. App. 2014).16 United States v. Williams, 553 U.S. 285, 292, 128 S.Ct. 1830, 170 L.Ed.2d 650 (2008).17 Ashcroft v. Free Speech C......
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Ex parte Poe
...in order to raise a facial challenge to the constitutionality of the statute under which the defendant is charged. Ex parte Thompson, 442 S.W.3d 325, 333 (Tex.Crim.App.2014). Whether a statute is facially unconstitutional is a question of law subject to de novo review. Ex parte Lo, 424 S.W.......
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State v. Stubbs, 14-15-00510-CR
...Stubbs also argued that the statute is unconstitutionally vague and violates the Dormant Commerce Clause. See Ex parte Thompson , 442 S.W.3d 325, 333 (Tex.Crim.App.2014) (defendant may file pretrial application for writ of habeas corpus to raise facial challenge to constitutionality of stat......
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16 books & journal articles
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Child Sexual Abuse
...photography, is facially unconstitutional in violation of the freedom of speech guarantee of the First Amendment. Ex parte Thompson, 442 S.W.3d 325, 351 (Tex. Crim. App. 2014). §17:50 Defenses to Child Sexual Assault Cases §17:51 Mistake of Fact A mistake of fact regarding the complainant’s......
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Pretrial motions
...S.W.3d at 310. The overbreadth doctrine is “strong medicine” to be employed with hesitation and only as a last resort. Ex parte Thompson, 442 S.W.3d 325, 349 (Tex. Crim. App. 2014); Wagner v. State, 539 S.W.3d at 310. Penal Code Section 25.07(a)(2)(A) does not reach a substantial amount of ......
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Child Sexual Abuse
...photography, is facially unconstitutional in violation of the freedom of speech guarantee of the First Amendment. Ex parte Thompson, 442 S.W.3d 325, 351 (Tex. Crim. App. 2014). Where a defendant’s probation revocation was based solely on his conviction for improper photography which had bee......
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Child Sexual Abuse
...photography, is facially unconstitutional in violation of the freedom of speech guarantee of the First Amendment. Ex parte Thompson, 442 S.W.3d 325, 351 (Tex. Crim. App. 2014). Where a defendant’s probation revocation was based solely on his conviction for improper photography which had bee......
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