Legal Opinion
Proctor v. State
Court of Criminal Appeals of Texas
Decided March 11, 1998No. 1012-96, 1013-96PublishedCited by 227 opinions
1Opinion of the Court 1
OPINION ON THE STATE’S PETITIONS FOR DISCRETIONARY REVIEW
2Opinion of the Court · MansfieldMansfield, Judge
in which McCORMICK, Presiding Judge, and KELLER, HOLLAND and WOMACK, Judges, join.
We granted the State’s petitions for discretionary review in these two cases to reconsider our prior holdings that the State, as part of its burden of proof in a criminal prosecution, must always prove beyond a reasonable doubt that the prosecution is not limitations-barred, even if the defendant does not raise the issue.
The Relevant Facts
On January 29, 1982, five men, including appellants Aaron Dwayne Proctor and Jonathan L. Lemell, robbed Wing K. Lew,…
3Cases cited33 opinions
- Guzman v. StateCourt of Criminal Appeals of Texas · 1997
- Marks v. United StatesSupreme Court of the United States · 1977
- Collins v. YoungbloodSupreme Court of the United States · 1990
- Marks v. United StatesSupreme Court of the United States · 1977
- Marin v. StateCourt of Criminal Appeals of Texas · 1993
28 more not listed; retrieve them via the Exa API.
4Cited by227 opinions
- Mayer v. StateCourt of Criminal Appeals of Texas · 2010
- Paulson v. StateCourt of Criminal Appeals of Texas · 2000
- Connolly v. StateCourt of Criminal Appeals of Texas · 1999
- Hammock v. StateCourt of Criminal Appeals of Texas · 2001
- Barajas v. StateCourt of Criminal Appeals of Texas · 2002
222 more not listed; retrieve them via the Exa API.