Legal Opinion

Ex Parte Heriberto MORALES

Texas Court of Appeals, 14th District (Houston)

Decided July 23, 2013No. 14-13-00106-CRPublishedCited by 9 opinions

1Opinion of the Court

OPINION

JOHN DONOVAN, Justice.

The question in this interlocutory appeal is whether section 25.11 of the Texas Penal Code is unconstitutional on its face. The trial court denied habeas relief, having determined that the statute did not operate unconstitutionally in all of its applications. We affirm the trial court’s judgment.

Section 25.11 is a criminal statute proscribing continuous acts of family violence. Its pertinent provisions state as follows:(a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that…

2Cases cited19 opinions

  1. Ngo v. StateCourt of Criminal Appeals of Texas · 2005
  2. Johnson v. LouisianaSupreme Court of the United States · 1972
  3. Apodaca v. OregonSupreme Court of the United States · 1972
  4. Kitchens v. StateCourt of Criminal Appeals of Texas · 1991
  5. Briggs v. StateCourt of Criminal Appeals of Texas · 1990

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3Cited by9 opinions

  1. Ex parte DupuyCourt of Appeals of Texas · 2016
  2. Philip Wade Ellison v. State, Texas Court of Appeals, 14th District (Houston)2014
  3. Childress, JasonCourt of Appeals of Texas · 2015
  4. Cruz Daniel Feliciano-Salinas v. State, Texas Court of Appeals, 5th District (Dallas)2018
  5. Eric L. Hill v. State, Texas Court of Appeals, 6th District (Texarkana)2015

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