Legal Opinion

Sabine Consolidated, Inc. v. State

Court of Criminal Appeals of Texas

Decided April 3, 1991No. 1069-88, 1070-88PublishedCited by 9 opinions

1Opinion of the Court

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

The issue we consider in this case is whether the Occupational Safety and Health Act of 1970 (OSHA or the Act) (29 U.S.C. § 651 et seq. 1982), preempts Texas from prosecuting appellants for criminally negligent homicide under Tex.Penal Code Ann. § 19.07.

Appellant Tantillo was the president of appellant Sabine Consolidated, Inc. (Sabine). Both appellants pled nolo conten-dere to the offense of criminally negligent homicide. Sabine was fined $10,000.00, and Tantillo was sentenced to confinement for 180 days, probated for one year,…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Gibbons v. OgdenSupreme Court of the United States · 1824
  4. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  5. Jones v. Rath Packing Co.Supreme Court of the United States · 1977

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3Cited by9 opinions

  1. State v. CoteSupreme Court of Connecticut · 2008
  2. United States v. State of TexasCourt of Appeals for the Fifth Circuit · 2024
  3. State v. FAR WEST WATER & SEWER INC.Court of Appeals of Arizona · 2010
  4. Sabine Consolidated, Inc. v. StateCourt of Appeals of Texas · 1991
  5. State v. NumrichWashington Supreme Court · 2021

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