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Legal Opinion

State v. Johnson

Court of Appeals of Texas

Decided January 22, 2014No. 12-12-00425-CRPublishedCited by 17 opinions

1Opinion of the Court

OPINION ON REHEARING

SAM GRIFFITH, Justice.

The State of Texas filed a motion for rehearing of our December 20, 2018 opinion. We overrule the motion for rehearing, withdraw our December 20, 2013 opinion, and substitute the following opinion in its place.

*545 Background

Appellee Terence Johnson was charged by complaint and information with the offense of destruction of a flag, committed on or about April 29, 2012. Appellee filed a motion to dismiss on the grounds that Section 42.11 of the penal code (the Texas flag destruction statute) is unconstitutional and its enforcement interferes with his right…

2Cases cited23 opinions

  1. Cohen v. CaliforniaSupreme Court of the United States · 1971
  2. Texas v. JohnsonSupreme Court of the United States · 1989
  3. Lawrence v. TexasSupreme Court of the United States · 2003
  4. United States v. StevensSupreme Court of the United States · 2010
  5. Bowers v. HardwickSupreme Court of the United States · 1986

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3Cited by17 opinions

  1. State v. Johnson, TerenceCourt of Criminal Appeals of Texas · 2015
  2. Wesson v. StateCourt of Criminal Appeals of Alabama · 2015
  3. Pruitt v. StateCourt of Criminal Appeals of Alabama · 2018
  4. Gilbert v. StateCourt of Criminal Appeals of Alabama · 2016
  5. Johnson, TerenceCourt of Appeals of Texas · 2015

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