Legal Opinion
Aguirre v. State
Court of Criminal Appeals of Texas
Decided December 8, 1999No. 0580-98PublishedCited by 94 opinions
1Opinion of the CourtWomack, J.
in which McCORMICK, P.J., and KELLER, HOLLAND, and KEASLER, JJ., joined, and in Parts I and II of which PRICE, J., joined.
The issue in this case is whether a culpable mental state is required in an ordinance, which regulates adult businesses, and that is silent about whether a culpable mental state is required. We hold that it is.
I
A 1987 ordinance of the City of El Paso made it a misdemeanor offense to “own, operate or conduct any business in an adult bookstore, adult motion picture theater or nude live entertainment club” within one thousand feet of certain kinds of property.1
According to…
2Cases cited31 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Winters v. New YorkSupreme Court of the United States · 1948
- United States v. DotterweichSupreme Court of the United States · 1943
- Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
- United States v. BalintSupreme Court of the United States · 1922
26 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Saldano v. StateCourt of Criminal Appeals of Texas · 2002
- Ex Parte TaylorCourt of Criminal Appeals of Texas · 2001
- Lomax v. StateCourt of Criminal Appeals of Texas · 2007
- Celis, Mauricio RodriguezCourt of Criminal Appeals of Texas · 2013
- Boget v. StateCourt of Criminal Appeals of Texas · 2002
89 more not listed; retrieve them via the Exa API.