Legal Opinion

Ex Parte Dave

Court of Appeals of Texas

Decided March 15, 2007No. 2-06-092-CRPublishedCited by 17 opinions

1Opinion of the Court

OPINION

JOHN CAYCE, Chief Justice.

Appellant Valeria Joyce Dave appeals the trial court’s order denying her application for writ of habeas corpus on the ground that the misdemeanor obscenity statute under which she is charged in the underlying case is facially unconstitutional. We affirm.

Appellant is an employee of Dreamer’s, a sexually-oriented business in Kennedale, Texas. No one under the age of eighteen is allowed on the premises, and Dreamer’s offers no on-premises entertainment. Instead, its customers may purchase videotapes and DVDs for off-premises viewing only. The State alleges that…

2Cases cited25 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
  4. Agostini v. FeltonSupreme Court of the United States · 1997
  5. Stanley v. GeorgiaSupreme Court of the United States · 1969

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3Cited by17 opinions

  1. Goyzueta v. StateCourt of Appeals of Texas · 2008
  2. Varkonyi v. State, Texas Court of Appeals, 8th District (El Paso)2008
  3. In the Interest of D.J.R.Court of Appeals of Texas · 2010
  4. Lawson v. StateCourt of Appeals of Texas · 2009
  5. Villarreal v. State, Texas Court of Appeals, 13th District2008

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

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