Legal Opinion

Ex Parte Taylor

Court of Criminal Appeals of Texas

Decided February 28, 2001No. 652-00Published

1Opinion of the CourtKeller, P.J.

The Court holds that the district attorney cannot file a petition for discretionary review if the State Prosecuting Attorney (S.P.A.) chooses to file one. Because I believe that the Legislature conferred upon a district attorney and the S.P.A. the authority to file separate petitions, I dissent.

1. Standards of Statutory Construction

A statute must be interpreted in accordance with the plain meaning of its language unless the language is ambiguous or the plain meaning leads to absurd results that the Legislature could not possibly have intended.1 In a “plain meaning” inquiry, “[w]ords and…

2Cases cited50 opinions

  1. Jackson v. StateCourt of Criminal Appeals of Texas · 1994
  2. Curry v. StateCourt of Criminal Appeals of Texas · 2000
  3. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  4. State v. GonzalezCourt of Criminal Appeals of Texas · 1993
  5. Huizar v. StateCourt of Criminal Appeals of Texas · 2000

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