Legal Opinion

Ex Parte Smalley

Texas Court of Appeals, 5th District (Dallas)

Decided January 3, 2005No. 05-04-00908-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion by

Justice O’NEILL.

Chance Renee Smalley is charged with violating section 41A-18.1(a) of the Dallas City Code. Appellant filed a pretrial application for writ of habeas corpus asserting that the information on which she is being prosecuted is void. Following a hearing, the trial court denied appellant relief. In two points of error, appellant contends the trial court erred in holding that: (1) the legislature properly delegated authority to municipalities to “make any regulation of sexually oriented businesses punishable as a Class A misdemeanor”; and (2) the City of Dallas may…

2Cases cited11 opinions

  1. Ex Parte GranvielCourt of Criminal Appeals of Texas · 1978
  2. Housing Authority v. HigginbothamTexas Supreme Court · 1940
  3. Resendiz v. StateCourt of Criminal Appeals of Texas · 2003
  4. Texas Boll Weevil Eradication Foundation, Inc. v. LewellenTexas Supreme Court · 1997
  5. Railroad Com'n of Texas v. Lone Star Gas Co.Texas Supreme Court · 1992

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

3Cited by7 opinions

  1. State v. Chacon, Texas Court of Appeals, 4th District (San Antonio)2008
  2. Telia D. Casel v. State, Texas Court of Appeals, 1st District (Houston)2011
  3. In re Collin CountyCourt of Appeals of Texas · 2017
  4. State v. Howard, Texas Court of Appeals, 5th District (Dallas)2005
  5. Larry Mark Polsky, Esq. v. Sheriff Omar Lucio and Cameron County, Texas Court of Appeals, 13th District2020

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

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