Legal Opinion · Dissent

Ex Parte Edone

Court of Criminal Appeals of Texas

Decided October 7, 1987No. 69593 to 69595Published

1DissentClinton, Judge

In Ex parte Port, 674 S.W.2d 772 (Tex.Cr.App 1984), this Court, relying on over sixty years of Texas caselaw, held per cu-riam that the unjustified refusal to answer the questions of a grand jury constituted contempt of the grand jury, punishable under Art. 20.15, V.A.C.C.P., as such and not under Art. 1911a, V.A.C.S., as “contempt of court.” See also, Ex parte. Wilkinson, 641 S.W.2d 927 (Tex.Cr.App.1982).1 Because the present majority now overrules that holding on a spurious rationalization dehors the statute, I must dissent.

Notable for its absence from the majority opinion is citation to…

2Cases cited34 opinions

  1. Branzburg v. HayesSupreme Court of the United States · 1972
  2. United States v. DionisioSupreme Court of the United States · 1973
  3. Ullmann v. United StatesSupreme Court of the United States · 1956
  4. United States v. MandujanoSupreme Court of the United States · 1976
  5. United States v. MaraSupreme Court of the United States · 1973

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