In re Thompson

Docket NumberPD-1371-13
Decision Date17 September 2014
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122 cases
  • Ex parte Metzger
    • United States
    • Texas Court of Appeals
    • August 26, 2020
    ...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 ......
  • State v. Johnson
    • United States
    • Texas Court of Criminal Appeals
    • October 7, 2015
    ...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......
  • Ex parte Poe
    • United States
    • Texas Court of Appeals
    • April 20, 2016
    ...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.......
  • State v. Stubbs, 14-15-00510-CR
    • United States
    • Texas Court of Appeals
    • August 9, 2016
    ...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
  • Child Sexual Abuse
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 2 - 2016 Contents
    • August 17, 2016
    ...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......
  • Pretrial motions
    • United States
    • James Publishing Practical Law Books Texas Criminal Lawyer's Handbook. Volume 1-2 Volume 1
    • May 5, 2022
    ...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 ......
  • Child Sexual Abuse
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 2 - 2018 Contents
    • August 17, 2018
    ...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......
  • Child Sexual Abuse
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 2 - 2021 Contents
    • August 16, 2021
    ...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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