Legal Opinion · Concurrence

Abdallah v. State

Court of Appeals of Texas

Decided July 18, 1996No. 2-95-036-CR to 2-95-038-CRPublished

1ConcurrenceDauphinot, Justice

In the ease before us, the majority holds that we do not have jurisdiction to review Abdallah’s contentions that he was denied his constitutional right to confront the witnesses against him at the adjudication hearing and, also, that he was denied due process of law because his conditions of probation were too vague. As I understand current law, I am constrained to concur.1

Article 42.12, section 5(b) has created a veritable Gordian Knot for the intermediate appellate courts.2 It provides that a defendant is entitled to a hearing limited to the determination by the court of whether to proceed…

2Cases cited17 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Phynes v. StateCourt of Criminal Appeals of Texas · 1992
  4. Olowosuko v. StateCourt of Criminal Appeals of Texas · 1992
  5. Smith v. StateCourt of Criminal Appeals of Texas · 1974

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API