Legal Opinion · Dissent

Ex Parte Spring

Court of Criminal Appeals of Texas

Decided June 7, 1978No. 57268Published

1DissentPhillips, Judge

I join in the dissenting opinion of my Brother Judge Roberts. I further dissent on the basis of our own State Constitution. It is unquestioned that the Legislature has the power to prescribe jurisdictional modifications under Article Y, Section 1 of the Texas Constitution. However, that power is simultaneously circumscribed by the provisions of Article I, Section 3 of our Constitution which provide, in pertinent part:

“All free men . . . have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments or privileges . . . .” (Emphasis added.)

The inevitable…

2Cases cited2 opinions

  1. Empy v. StateCourt of Criminal Appeals of Texas · 1978
  2. Hickman v. StateCourt of Criminal Appeals of Texas · 1916

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