Legal Opinion
Rushing v. State
Court of Criminal Appeals of Texas
Decided September 11, 2002No. 1790-01PublishedCited by 93 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KellerKeller, P.J.
PRICE, WOMACK, HERVEY, HOLCOMB, and COCHRAN, JJ. joined.
We granted the State’s petition to determine whether the Court of Appeals erred in declaring Texas Code of Criminal Procedure, Article 4.18 unconstitutional as a violation of the Separation of Powers provision of the Texas Constitution. We hold that the statute is constitutional.
A. Background
Appellant was convicted of capital murder. Because he was under the age of seventeen when the offense was committed, the State was statutorily prohibited from seeking the death penalty, 1 and appellant was sentenced to life in prison. On…
3Cases cited9 opinions
- Marin v. StateCourt of Criminal Appeals of Texas · 1993
- Saldano v. StateCourt of Criminal Appeals of Texas · 2002
- Galitz v. StateCourt of Criminal Appeals of Texas · 1981
- Armadillo Bail Bonds v. StateCourt of Criminal Appeals of Texas · 1991
- State v. WilliamsCourt of Criminal Appeals of Texas · 1997
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4Cited by93 opinions
- Anderson v. StateCourt of Criminal Appeals of Texas · 2009
- Johnson v. Tenth Judicial District Court of Appeals at WacoCourt of Criminal Appeals of Texas · 2008
- in the Interest of D.W., T.W., and S.G., Children, Texas Court of Appeals, 2nd District (Fort Worth)2008
- Ex Parte BlueCourt of Criminal Appeals of Texas · 2007
- Wolfe v. StateCourt of Criminal Appeals of Texas · 2003
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