crime of any defense (Texas) · Go Syfert
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crime of any defense in Texas

68 Texas opinions name it 2 courts 1988–2020 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 (22)

CaseFollowedCited
Ex Parte Hallmarkgreen
texcrimapp · 1994 · cited in 16 Texas opinions naming this issue, 1996–2009
2 sentences

1999To constitute an ex post facto law, a statute must: (1) punish as a crime an act previously committed that was innocent when done; (2) make more burdensome the punishment lor a crime after its commission; (3) deprive a person charged with a crime of any defense available at the time when the act was committed; Collins v. Youngblood, 497 U.S. 37, 42 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 , 46 S.Ct. 68, 68-69 , 70 L.Ed. 216 (1925)); Ex Parte Hallmark, 883 S.W.2d 672, 674 (Tex.Crim.App.1994); Grimes v. State, 807 S.W.2d 582, 586-87 (Tex.Crim.A

1996In conducting an analysis under the state or federal constitutions of a claimed ex post facto violation, we determine whether the statute (1) punishes as a crime an act previously committed which was innocent when done; (2) makes more burdensome the punishment for a crime after its commission; or (3) deprives a person charged with a crime of any defense available at the time when the act was committed. 5 Collins v. Youngblood, 497 U.S. 37, 42 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 , 46 S.Ct. 68, 68-69 , 70 L.Ed. 216 (1925)); Ex Parte Hallma

1616
Rodriguez v. Stategreen
texcrimapp · 2002 · cited in 19 Texas opinions naming this issue, 2003–2020
2 sentences

2020An ex post facto law is one that “(1) punishes as a crime an act previously committed 29 which was innocent when done; (2) changes the punishment and inflicts a greater punishment than the law attached to the criminal offense when committed; or (3) deprives a person charged with a crime of any defense available at the time the act was committed.” Rodriguez, 93 S.W.3d at 66 (citing Collins v. Youngblood, 497 U.S. 37 , 42–44 (1990); In re J.G., 495 S.W.3d at 366 .

2013App. 1995). 2 an act previously committed which was innocent when done; 2) changes the punishment and inflicts a greater punishment than the law attached to a criminal offense when committed; or 3) deprives a person charged with a crime of any defense available at the time the act was committed.” Rodriguez v. State, 93 S.W.3d 60, 66 (Tex. Crim.

1419
Grimes v. Stategreen
texcrimapp · 1991 · cited in 15 Texas opinions naming this issue, 1992–2007
2 sentences

1999To constitute an ex post facto law, a statute must: (1) punish as a crime an act previously committed that was innocent when done; (2) make more burdensome the punishment lor a crime after its commission; (3) deprive a person charged with a crime of any defense available at the time when the act was committed; Collins v. Youngblood, 497 U.S. 37, 42 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 , 46 S.Ct. 68, 68-69 , 70 L.Ed. 216 (1925)); Ex Parte Hallmark, 883 S.W.2d 672, 674 (Tex.Crim.App.1994); Grimes v. State, 807 S.W.2d 582, 586-87 (Tex.Crim.A

1996In conducting an analysis under the state or federal constitutions of a claimed ex post facto violation, we determine whether the statute (1) punishes as a crime an act previously committed which was innocent when done; (2) makes more burdensome the punishment for a crime after its commission; or (3) deprives a person charged with a crime of any defense available at the time when the act was committed. 5 Collins v. Youngblood, 497 U.S. 37, 42 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 , 46 S.Ct. 68, 68-69 , 70 L.Ed. 216 (1925)); Ex Parte Hallma

1215
Johnson v. Stategreen
texcrimapp · 1996 · cited in 10 Texas opinions naming this issue, 1996–2007
2 sentences

2007See Johnson v. State, 930 S.W.2d 589, 591 (Tex.Crim.App.1996); Grimes, 807 S.W.2d at 587 . [8] Article I, section 16 states that no bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.

2007See Johnson v. State, 930 S.W.2d 589, 591 (Tex.Crim.App.1996); Grimes, 807 S.W.2d at 587 . 8 .

1010
Collins v. Youngbloodgreen
scotus · 1990 · cited in 33 Texas opinions naming this issue, 1991–2020
2 sentences

2020An ex post facto law is one that “(1) punishes as a crime an act previously committed 29 which was innocent when done; (2) changes the punishment and inflicts a greater punishment than the law attached to the criminal offense when committed; or (3) deprives a person charged with a crime of any defense available at the time the act was committed.” Rodriguez, 93 S.W.3d at 66 (citing Collins v. Youngblood, 497 U.S. 37 , 42–44 (1990); In re J.G., 495 S.W.3d at 366 .

1999To constitute an ex post facto law, a statute must: (1) punish as a crime an act previously committed that was innocent when done; (2) make more burdensome the punishment lor a crime after its commission; (3) deprive a person charged with a crime of any defense available at the time when the act was committed; Collins v. Youngblood, 497 U.S. 37, 42 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 , 46 S.Ct. 68, 68-69 , 70 L.Ed. 216 (1925)); Ex Parte Hallmark, 883 S.W.2d 672, 674 (Tex.Crim.App.1994); Grimes v. State, 807 S.W.2d 582, 586-87 (Tex.Crim.A

833
Ex Parte Davisgreen
texcrimapp · 1996 · cited in 8 Texas opinions naming this issue, 1999–2008
2 sentences

2008Carmell v. Texas, 529 U.S. 513, 522 , 120 S.Ct. 1620, 1627 , 146 L.Ed.2d 577 (2000); Collins v. Youngblood, 497 U.S. 37, 42 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990); Ex Parte Davis, 947 S.W.2d 216, 219-20 (Tex.Crim.App.1996); Dean v. State, 60 S.W.3d 217, 219-20 (Tex.App.-Houston [14th Dist.] 2001, pet. ref'd).

2007Collins v. Youngblood, 497 U.S. 37, 42-44 , 110 S.Ct. 2715, 2719-20 , 111 L.Ed.2d 30 (1990); Ex parte Davis, 947 S.W.2d 216, 219-20 (Tex.Crim.App.1996); Rodriguez v. State, 93 S.W.3d 60, 66-67 (Tex.Crim.App.2002). 4 .

78
Peugh v. United Statesgreen
scotus · 2013 · cited in 6 Texas opinions naming this issue, 2015–2020
2 sentences

2020See Peugh v. United States, 569 U.S. 530 , 538–39 (2013); Rodriguez v. State, 93 S.W.3d 60, 66 (Tex. Crim.

2018See Peugh v. United States , 569 U.S. 530 , 538-39, 133 S.Ct. 2072 , 186 L.Ed.2d 84 (2013) ; Collins v. Youngblood , 497 U.S. 37 , 41-44, 110 S.Ct. 2715 , 111 L.Ed.2d 30 (1990) ; Rodriguez , 93 S.W.3d at 66 .

66
Lopez v. Stategreen
texcrimapp · 1996 · cited in 6 Texas opinions naming this issue, 1996–2004
2 sentences

2004Carmell v. Texas, 529 U.S. 513, 522-25 , 120 S.Ct. 1620 , 146 L.Ed.2d 577 (2000); Collins v. Youngblood, 497 U.S. 37, 42-43 , 110 S.Ct. 2715 , 111 L.Ed.2d 30 (1990); Rodriguez v. State, 93 S.W.3d 60, 66 (Tex.Crim.App.2002); Johnson v. State, 930 S.W.2d 589, 591 (Tex.Crim.App.1996); Lopez v. State, 928 S.W.2d 528, 534 (Tex.Crim.App.1996); Grimes v. State, 807 S.W.2d 582, 584-86 (Tex.Crim.App.1991). 5 Appellant relies upon the second category above.

2001Lopez v. State, 928 S.W.2d 528, 534 (Tex.Crim.App.1996).

66
Carmell v. Texasgreen
scotus · 2000 · cited in 14 Texas opinions naming this issue, 2001–2020
2 sentences

2020A law is also an impermissible ex post facto law if it “alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender.” Carmell v. Texas, 529 U.S. 513, 530 (2000).

2016Rodriguez v. State, 93 S.W.3d .60, 66 (Tex.Crim.App.2002), A law is. also an impermissible ex post facto law if it “alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender.” Carmell v. Texas, 529 U.S. 513, 530 , 120 S.Ct. 1620, 1681 , 146 L.Ed.2d 577 (2000).

414
Calder v. Bullgreen
scotus · 1798 · cited in 5 Texas opinions naming this issue, 1999–2015
2 sentences

2005I, ' 10; Calder v. Bull , 3 U.S. (3 Dall.) 386 , 396 B 97, 1 L.Ed. 648 , 657 B 59 (1798). [1] Our state constitution also prohibits ex post facto laws. [2] An ex post facto law is one that: (1) punishes as a crime conduct previously committed, which was innocent when done; (2) makes more burdensome the punishment of a crime after its commission; (3) deprives one charged with a crime of any defense available at the time when the act was committed; or (4) alters the legal rules of evidence, and receives less or different testimony, than the law required at the time of the commission of the offen

2005I, ' 10; Calder v. Bull , 3 U.S. (3 Dall.) 386 , 396 B 97, 1 L.Ed. 648 , 657 B 59 (1798). [1] Our state constitution also prohibits ex post facto laws. [2] An ex post facto law is one that: (1) punishes as a crime conduct previously committed, which was innocent when done; (2) makes more burdensome the punishment of a crime after its commission; (3) deprives one charged with a crime of any defense available at the time when the act was committed; or (4) alters the legal rules of evidence, and receives less or different testimony, than the law required at the time of the commission of the offen

35
Holcomb v. Stategreen
texapp · 2004 · cited in 3 Texas opinions naming this issue, 2008–2020
2 sentences

2020Holcomb, 146 S.W.3d at 730–31.

2008Holcomb v. State , 146 S.W.3d 723, 730-31 (Tex. App.--Austin 2004, no pet.); see Lynce v. Mathis , 519 U.S. 433 , 441 n.13 (1997).

23
Lynce v. Mathisgreen
scotus · 1997 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008Holcomb v. State , 146 S.W.3d 723, 730-31 (Tex. App.--Austin 2004, no pet.); see Lynce v. Mathis , 519 U.S. 433 , 441 n.13 (1997).

2008Holcomb v. State, 146 S.W.3d 723, 730-31 (Tex. App.—Austin 2004, no pet.); see Lynce v. Mathis, 519 U.S. 433 , 441 n.13 (1997).

22
Beazell v. Ohiogreen
scotus · 1925 · cited in 7 Texas opinions naming this issue, 1988–2015
2 sentences

2015Pp. 3-14. (a) The definition of an ex post-facto law as one that (1) punishes as a crime an act previously committed, which was innocent when done, (2) makes more burdensome the punishment for a crime, after its commission, or (3) deprives one charged with a crime of any defense available according to law at the time when the act was committed, Beazell v. Ohio, 269 U.S. 167 , is faithful to this Court's best knowledge.of the original underst~rding of the Clause: Legislatures may not retroactively ~lter the definition of crimes or increase the punishment for criminal acts.

1999To constitute an ex post facto law, a statute must: (1) punish as a crime an act previously committed that was innocent when done; (2) make more burdensome the punishment lor a crime after its commission; (3) deprive a person charged with a crime of any defense available at the time when the act was committed; Collins v. Youngblood, 497 U.S. 37, 42 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 , 46 S.Ct. 68, 68-69 , 70 L.Ed. 216 (1925)); Ex Parte Hallmark, 883 S.W.2d 672, 674 (Tex.Crim.App.1994); Grimes v. State, 807 S.W.2d 582, 586-87 (Tex.Crim.A

17
Valentine v. Castillo, Jr. v. Stategreen
texapp · 2019 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Ortiz, 93 S.W.3d at 91 ; Castillo v. State, 573 S.W.3d 869, 876 (Tex. App.—Houston [1st Dist.] 2019, pet. ref’d). 4 An ex post facto law is one that: (1) punishes as a crime an act previously committed that was innocent when done; (2) aggravates a crime, or makes it greater than it was, when committed; (3) changes the punishment and inflicts greater punishment than the law attached to the criminal offense when committed; or (4) deprives a person charged with a crime of any defense available at the time the act was committed.

11
Robert P. Sepeda v. Stategreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010App. 2002). 11 Sepeda v. State, 280 S.W.3d 398, 401 (Tex. App.—Amarillo 2008, pet. ref’d) (collecting cases).

11
State v. Verhoevengreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See State v. Verhoeven, 151 S.W.3d 637, 643 (Tex. App.—Fort Worth 2004, pet. ref’d). 5 “An ex post facto law: 1) punishes as a crime an act previously committed which was innocent when done; 2) changes the punishment and inflicts a greater punishment than the law attached to a criminal offense when committed; or 3) deprives a person charged with a crime of any defense available at the time the act was committed.” Rodriguez v. State, 93 S.W.3d 60, 66 (Tex. Crim.

11
Dean v. Stategreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008Carmell v. Texas, 529 U.S. 513, 522 , 120 S.Ct. 1620, 1627 , 146 L.Ed.2d 577 (2000); Collins v. Youngblood, 497 U.S. 37, 42 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990); Ex Parte Davis, 947 S.W.2d 216, 219-20 (Tex.Crim.App.1996); Dean v. State, 60 S.W.3d 217, 219-20 (Tex.App.-Houston [14th Dist.] 2001, pet. ref'd).

11
State v. Andersongreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007See State v. Anderson , 917 S.W.2d 92, 99-100 (Tex. App.—Houston [14th Dist.] 1996, pet. ref’d) (holding that personal knowledge gained by a police officer from a previous search may establish probable cause necessary for second search warrant if affidavit sets forth sufficient underlying facts). 3: An ex post facto law (1) punishes as a crime an act previously committed which was innocent when done, (2) changes the punishment and inflicts a greater punishment than the law attached to a criminal offense when committed, or (3) deprives a person charged with a crime of any defense available at t

11
Ieppert v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007Cf. Ieppert v. State, 908 S.W.2d 217, 220 (Tex.Crim.App.1995) (holding that no preservation is required to raise ex post facto complaint in criminal cases). [7] A true ex post facto law is a law that (1) punishes as a crime an act previously committed that was innocent when done, (2) changes the punishment and inflicts a greater punishment than the law attached to the criminal offense when committed, or (3) deprives a person charged with a crime of any defense available at the time the act was committed.

11
Ex Parte Scalesgreen
texcrimapp · 1993 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See Ex parte Scales , 853 S.W.2d 586, 588 (Tex. Crim.

11
Ex parte Colegreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001Collins v. Youngblood, 497 U.S. 37, 42-43 , 110 S.Ct. 2715, 2719 , 111 L.Ed.2d 30 (1990); Ex parte Hallmark, 883 S.W.2d 672, 674 (Tex.Crim.App.1994); Ex parte Cole, 43 S.W.3d 713, 715 (Tex.App.—Fort Worth 2001, no pet.).

11
White v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999Ex parte Davis, 947 S.W.2d 216, 219-20 (Tex.Crim.App.1996); Johnson v. State, 930 S.W.2d 589, 591 (Tex.Crim.App.1996); Lopez v. State, 928 S.W.2d 528, 534 (Tex.Crim.App.1996); Ex parte Hallmark, 883 S.W.2d 672, 674 (Tex.Crim.App.1994); White v. State, 988 S.W.2d 277, 278 (Tex.App.-Texarkana 1999, no pet. h.).

11

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 (3)

CaseCitedYears
Dobbert v. Florida green
scotus · 1977
2 sentences

2004Dobbert v. Florida , 432 U.S. 282, 292 , 97 S. Ct. 2290, 2298 , 53 L.

2004Dobbert v. Florida , 432 U.S. 282, 292 , 97 S. Ct. 2290, 2298 , 53 L.

31991–2004
Ortiz v. State green
texcrimapp · 2002
1 sentence

2020Ortiz, 93 S.W.3d at 91 ; Castillo v. State, 573 S.W.3d 869, 876 (Tex. App.—Houston [1st Dist.] 2019, pet. ref’d). 4 An ex post facto law is one that: (1) punishes as a crime an act previously committed that was innocent when done; (2) aggravates a crime, or makes it greater than it was, when committed; (3) changes the punishment and inflicts greater punishment than the law attached to the criminal offense when committed; or (4) deprives a person charged with a crime of any defense available at the time the act was committed.

12020–2020
In re J.G. green
texapp · 2016
1 sentence

2020An ex post facto law is one that “(1) punishes as a crime an act previously committed 29 which was innocent when done; (2) changes the punishment and inflicts a greater punishment than the law attached to the criminal offense when committed; or (3) deprives a person charged with a crime of any defense available at the time the act was committed.” Rodriguez, 93 S.W.3d at 66 (citing Collins v. Youngblood, 497 U.S. 37 , 42–44 (1990); In re J.G., 495 S.W.3d at 366 .

12020–2020

Statutes the citing opinions construe

TX § Tex. Penal Code § 3.03 (7) TX § Tex. Penal Code § 12.42 (6) TX § Tex. Penal Code § 21.11 (5) TX § Tex. Fam. Code § 161.001 (4) TX § Tex. Penal Code § 12.31 (4) TX § Tex. Penal Code § 22.011 (4) TX § Tex. Penal Code § 3.02 (4) TX § Tex. Penal Code § 49.09 (4) TX § Tex. Penal Code § 22.021 (3) TX § Tex. Penal Code § 3.01 (3)

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.

Where else courts name it

TX 68 (1988–2020) IL 14 (1984–2017) MT 8 (1996–2022) UT 6 (1996–2025) AR 5 (1996–2018) NY 4 (1985–2014) IN 3 (2004–2006) OH 3 (1993–2011) AK 3 (1991–2017) WA 3 (1994–1996) OR 2 (1994–2002) LA 2 (1996–2000) MS 2 (1995–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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