Legal Opinion · Dissent

Ex Parte Dotson

Court of Criminal Appeals of Texas

Decided June 5, 2002No. 73986Published

1Dissent

KELLER, P.J.,

filed a dissenting opinion in which KEASLER, J. joined.

I believe that the district court had inherent power to punish contempt, and that power is in no way circumscribed by the statutory scheme. Alternatively, to the extent the statutory scheme might be said to circumscribe this power, it violates the Separation of Powers Clause of the Texas Constitution.

I

The Texas Constitution vests “[t]he judicial power” in the courts, including the district courts of this state.1 The compulsion of witnesses and the punishment of contempt are both aspects of this power. In the federal system…

2Cases cited33 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Marbury v. MadisonSupreme Court of the United States · 1803
  4. Freytag v. CommissionerSupreme Court of the United States · 1991
  5. Juidice v. VailSupreme Court of the United States · 1977

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