defendant bringing a facial challenge (Texas) · Go Syfert
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defendant bringing a facial challenge in Texas

5 Texas opinions name it 1 courts 2015–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Ex Parte Weisegreen
texcrimapp · 2001 · cited in 5 Texas opinions naming this issue, 2015–2015
2 sentences

2015In sum, the Karenev concurrence ultimately provides little support for Perry’s notion that his “as-applied-to-the- indictment” constitutional challenges should be considered tantamount to facial challenges, let alone provides guidance regarding the cognizability of such claims on pretrial habeas. 97 See Weise, 55 S.W.3d at 620 (“[W]e have held that an applicant may not use a pretrial writ to assert his or her constitutional rights to a speedy trial, challenge a denial of a pretrial motion to suppress, or make a collateral estoppel claim that does not involve a double jeopardy violation.

2015In sum, the Karenev concurrence ultimately provides little support for Perry’s notion that his “as-applied-to-the- indictment” constitutional challenges should be considered tantamount to facial challenges, let alone provides guidance regarding the cognizability of such claims on pretrial habeas. 97 See Weise, 55 S.W.3d at 620 (“[W]e have held that an applicant may not use a pretrial writ to assert his or her constitutional rights to a speedy trial, challenge a denial of a pretrial motion to suppress, or make a collateral estoppel claim that does not involve a double jeopardy violation.

55

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Karenev v. State green
texcrimapp · 2009
2 sentences

2015As for the reference to facial challenges being “based solely upon the face of the penal statute and the charging instrument,” the succeeding discussion suggests that this is an allusion to the fact that a defendant bringing a facial challenge does “not need any evidence other than the fact of their prosecution”—as would be established by the charging instrument itself—“to give them standing to challenge the constitutionality of the penal statute under which they were convicted.” Id. at 435 .

2015As for the reference to facial challenges being “based solely upon the face of the penal statute and the charging instrument,” the succeeding discussion suggests that this is an allusion to the fact that a defendant bringing a facial challenge does “not need any evidence other than the fact of their prosecution”—as would be established by the charging instrument itself—“to give them standing to challenge the constitutionality of the penal statute under which they were convicted.” Id. at 435 .

42015–2015

Statutes the citing opinions construe

TX § Tex. Penal Code § 1.07 (5) TX § Tex. Penal Code § 15.03 (5) TX § Tex. Penal Code § 22.01 (5) TX § Tex. Penal Code § 25.05 (5) TX § Tex. Penal Code § 36.02 (5) TX § Tex. Penal Code § 36.03 (5) TX § Tex. Penal Code § 36.04 (5) TX § Tex. Penal Code § 36.05 (5) TX § Tex. Penal Code § 38.15 (5) TX § Tex. Penal Code § 39.02 (5) TX § Tex. Penal Code § 39.03 (5) TX § Tex. Penal Code § 9.21 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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