Legal Opinion · Dissent

Bradley Kelton Crenshaw v. State

Texas Court of Appeals, 2nd District (Fort Worth)

Decided February 27, 2014No. 02-08-00304-CRPublished

1DissentLee Ann Dauphinot, Justice

The majority has done exactly what the Texas Court of Criminal Appeals has instructed it to do, as it must. Because I am not the author of the majority opinion, I express my very fundamental disagreement in appropriately respectful dissent.

On original submission, this court held that when the State, in its charging instrument, tells the defendant what act of his the State will prove was unlawful, the State is bound by that pleading.1 (I attach the original, unpublished opinion as an appendix.) That is, when the State told Appellant that it was going to prove that he committed the offense of…

2Cases cited43 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  3. Ake v. OklahomaSupreme Court of the United States · 1985
  4. Panetti v. QuartermanSupreme Court of the United States · 2007
  5. Sterner v. Marathon Oil Co.Texas Supreme Court · 1989

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