Legal Opinion

Estes v. State

Court of Criminal Appeals of Texas

Decided May 9, 2018No. PD-0429-16PublishedCited by 46 opinions

1Opinion of the Court

Keasler, J., Delivered the Opinion of the Court as To Parts I, II, III, and V, in which Keller, P.J., and Yeary, Keel, and Walker, JJ., joined, and filed an opinion as to Part IV, in which Keller, P.J., and Yeary and Keel, JJ., joined.

In enacting the current form of Penal Code Section 22.011(f),1 the Legislature apparently wished to provide higher penalties for polygamists "who sexually assault their purported spouses."2 But the resulting statute has the potentially unintended effect of punishing married offenders more harshly than unmarried offenders. Does the State have a rational interest…

2Cases cited45 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Dandridge v. WilliamsSupreme Court of the United States · 1970
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. Meyer v. NebraskaSupreme Court of the United States · 1923
  5. Washington v. GlucksbergSupreme Court of the United States · 1997

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3Cited by46 opinions

  1. Rodriguez v. StateCourt of Appeals of Texas · 2018
  2. Russell Lamar Estes v. State, Texas Court of Appeals, 2nd District (Fort Worth)2018
  3. Senn v. LumpkinCourt of Appeals for the Fifth Circuit · 2024
  4. Matthew Joe Lopez v. State, Texas Court of Appeals, 3rd District (Austin)2019
  5. Adrian Medrano v. the State of Texas, Texas Court of Appeals, 13th District2024

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