Legal Opinion
Phillips, William Ray
Court of Criminal Appeals of Texas
Decided June 15, 2011No. PD-1402-09PublishedCited by 40 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which PRICE, WOMACK, JOHNSON and ALCALA, JJ., joined.
Appellant was convicted of twelve counts of sexual offenses against his daughter that occurred in 1982 and 1983. But prosecution under the 2007 indictment charging appellant was absolutely barred by the statute of limitations in 1993. These charges could not be resurrected by a 1997 statute extending the statute of limitations for sexual offenses. No one — not the trial judge, the prosecutor, the defense, or the court of appeals — recognized this constitutional ex post facto violation. Because this is an important constitutional…
3Cases cited29 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Johnson v. United StatesSupreme Court of the United States · 1997
- United States v. MarionSupreme Court of the United States · 1971
- Calder v. BullSupreme Court of the United States · 1798
- Marin v. StateCourt of Criminal Appeals of Texas · 1993
24 more not listed; retrieve them via the Exa API.
4Cited by40 opinions
- EX PARTE Eric Michael HEILMAN, AppelleeCourt of Criminal Appeals of Texas · 2015
- Ex parte AlvearCourt of Appeals of Texas · 2016
- Graylin Rusk v. State, Texas Court of Appeals, 6th District (Texarkana)2013
- State v. Eric Michael Heilman, Texas Court of Appeals, 9th District (Beaumont)2013
- Richard Klemisch v. State, Texas Court of Appeals, 7th District (Amarillo)2014
35 more not listed; retrieve them via the Exa API.