Legal Opinion
Ex Parte Young
Court of Criminal Appeals of Texas
Decided December 6, 2006No. PD-176-177-06PublishedCited by 14 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HerveyHervey, J.
in which KELLER, P.J., MEYERS, KEASLER and COCHRAN, JJ., joined.
The dispositive issue in this case is whether the enforcement provision in the version of Article 28.061, Tex.Code Crim. PROC., applicable to this case, requiring dismissal of a prosecution with prejudice for violations of former Article 32.01, Tex. Code Crim. Proo., violates the separation of powers clause in Article II, § 1, Tex. Const. We hold that the enforcement provision in this version of Article 28.061 violates this provision of the Texas Constitution. 1
Appellant was convicted of murder and sentenced to sixty years…
3Cases cited20 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Lockhart v. FretwellSupreme Court of the United States · 1993
- Vaughn v. StateCourt of Criminal Appeals of Texas · 1996
- Ex Parte ChandlerCourt of Criminal Appeals of Texas · 2005
15 more not listed; retrieve them via the Exa API.
4Cited by14 opinions
- Moore v. StateCourt of Criminal Appeals of Texas · 2017
- Department of Family and Protective Services v. Travis Reid Dickensheets, Texas Court of Appeals, 1st District (Houston)2008
- DEPT. FAMILY, PROT. SERV. v. Dickensheets, Texas Court of Appeals, 1st District (Houston)2008
- Ex Parte: Edward Michael Young, Texas Court of Appeals, 8th District (El Paso)2008
- Ex Parte: Edward Michael Young, Texas Court of Appeals, 8th District (El Paso)2008
9 more not listed; retrieve them via the Exa API.