Legal Opinion

Piper, Maurice Lamar

Court of Criminal Appeals of Texas

Decided September 11, 2019No. PD-0712-18Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0712-18 MAURICE LAMAR PIPER, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY K ELLER, P.J., filed a concurring opinion in which S LAUGHTER, J., joined. The Penal Code says that a person commits an offense “only if he voluntarily engages in conduct[.]”1 In Brown we treated this “voluntary act” requirement as a defensive issue.2 We also said it has nothing to do with mens rea.3 I think this was wrong. But even if Brown is correct, it is distinguishable from this case,…

2Cases cited6 opinions

  1. Lockhart v. FretwellSupreme Court of the United States · 1993
  2. Brown v. StateCourt of Criminal Appeals of Texas · 1997
  3. Robbins v. StateCourt of Criminal Appeals of Texas · 1986
  4. Rogers v. StateCourt of Criminal Appeals of Texas · 2003
  5. Farmer, Kody WilliamCourt of Criminal Appeals of Texas · 2013

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