Legal Opinion · Concurrence

Wilson v. State

Court of Criminal Appeals of Texas

Decided September 17, 2014No. PD-0755-13Published

1Concurrence

COCHRAN, J.,

filed a concurring opinion

in which JOHNSON and ALCALA, JJ., joined.

I agree with the majority that the evidence is sufficient to support appellant’s conviction for telephone harassment. I respectfully disagree that the term “repeated” in the telephone-harassment statute means just “more than one telephone call.”1 We ought not jettison the discussion of the term “repeated” from our prior telephone-harassment decision, Scott v. State,2 particularly since the majority’s new definition clearly invites a vagueness and overbreadth challenge to the statute.3 The federal courts declared…

2Cases cited9 opinions

  1. Smith v. GoguenSupreme Court of the United States · 1974
  2. City of Chicago v. MoralesSupreme Court of the United States · 1999
  3. Baggett v. BullittSupreme Court of the United States · 1964
  4. Frisby v. SchultzSupreme Court of the United States · 1988
  5. Scott v. StateCourt of Criminal Appeals of Texas · 2010

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