successful vagueness claim (Texas) · Go Syfert
← Texas issues

successful vagueness claim in Texas

5 Texas opinions name it 2 courts 2010–2018 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 (6)

CaseFollowedCited
Holder v. Humanitarian Law Projectgreen
scotus · 2010 · cited in 5 Texas opinions naming this issue, 2010–2018
2 sentences

2018App. 2010) (a defendant whose speech " 'is clearly proscribed' " cannot raise a successful vagueness claim for lack of notice) (quoting Holder , 561 U.S. at 19 , 130 S.Ct. 2705 ).

2018App. 2010) (a defendant whose speech " 'is clearly proscribed' " cannot raise a successful vagueness claim for lack of notice) (quoting Holder , 561 U.S. at 19 , 130 S.Ct. 2705 ).

35
United States v. Williamsgreen
scotus · 2008 · cited in 1 Texas opinions naming this issue, 2018–2018
2 sentences

2018See United States v. Williams , 553 U.S. 285 , 304, 128 S.Ct. 1830 , 170 L.Ed.2d 650 (2008) ; see also Maynard v. Cartwright, 486 U.S. 356 , 361, 108 S.Ct. 1853 , 100 L.Ed.2d 372 (1988) ("Objections to vagueness under the Due Process Clause rest on the lack of notice, and hence may be overcome in any specific case where reasonable persons would know that their conduct is at risk.").

2018See United States v. Williams , 553 U.S. 285 , 304, 128 S.Ct. 1830 , 170 L.Ed.2d 650 (2008) ; see also Maynard v. Cartwright, 486 U.S. 356 , 361, 108 S.Ct. 1853 , 100 L.Ed.2d 372 (1988) ("Objections to vagueness under the Due Process Clause rest on the lack of notice, and hence may be overcome in any specific case where reasonable persons would know that their conduct is at risk.").

11
Maynard v. Cartwrightgreen
scotus · 1988 · cited in 1 Texas opinions naming this issue, 2018–2018
2 sentences

2018See United States v. Williams , 553 U.S. 285 , 304, 128 S.Ct. 1830 , 170 L.Ed.2d 650 (2008) ; see also Maynard v. Cartwright, 486 U.S. 356 , 361, 108 S.Ct. 1853 , 100 L.Ed.2d 372 (1988) ("Objections to vagueness under the Due Process Clause rest on the lack of notice, and hence may be overcome in any specific case where reasonable persons would know that their conduct is at risk.").

2018See United States v. Williams , 553 U.S. 285 , 304, 128 S.Ct. 1830 , 170 L.Ed.2d 650 (2008) ; see also Maynard v. Cartwright, 486 U.S. 356 , 361, 108 S.Ct. 1853 , 100 L.Ed.2d 372 (1988) ("Objections to vagueness under the Due Process Clause rest on the lack of notice, and hence may be overcome in any specific case where reasonable persons would know that their conduct is at risk.").

11
Lawrence v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Martinez, determined to be an active VC gang member by the district court judge (a fact he has never contested and ultimately admitted when pleading guilty), must have been aware of the gang’s identifying hand signs and clothing and therefore the precise conduct that he was charged with, and convicted of, violating.85 Indeed, we note 81 Lawrence v. State, 240 S.W.3d 912, 915 (Tex. Crim. App. 2007) (quoting State v. Holcombe, 187 S.W.3d 496, 499 (Tex. Crim. App. 2006)). 82 Grayned v. City of Rockford, 408 U.S. 104, 108 (1972). 83 Id. at 108-09 . 84 See Holder v. Humanitarian Law Project, 130 S.

11
State v. Holcombegreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Martinez, determined to be an active VC gang member by the district court judge (a fact he has never contested and ultimately admitted when pleading guilty), must have been aware of the gang’s identifying hand signs and clothing and therefore the precise conduct that he was charged with, and convicted of, violating.85 Indeed, we note 81 Lawrence v. State, 240 S.W.3d 912, 915 (Tex. Crim. App. 2007) (quoting State v. Holcombe, 187 S.W.3d 496, 499 (Tex. Crim. App. 2006)). 82 Grayned v. City of Rockford, 408 U.S. 104, 108 (1972). 83 Id. at 108-09 . 84 See Holder v. Humanitarian Law Project, 130 S.

11
Grayned v. City of Rockfordgreen
scotus · 1972 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010Martinez, determined to be an active VC gang member by the district court judge (a fact he has never contested and ultimately admitted when pleading guilty), must have been aware of the gang’s identifying hand signs and clothing and therefore the precise conduct that he was charged with, and convicted of, violating.85 Indeed, we note 81 Lawrence v. State, 240 S.W.3d 912, 915 (Tex. Crim. App. 2007) (quoting State v. Holcombe, 187 S.W.3d 496, 499 (Tex. Crim. App. 2006)). 82 Grayned v. City of Rockford, 408 U.S. 104, 108 (1972). 83 Id. at 108-09 . 84 See Holder v. Humanitarian Law Project, 130 S.

2010Martinez, determined to be an active VC gang member by the district court judge (a fact he has never contested and ultimately admitted when pleading guilty), must have been aware of the gang’s identifying hand signs and clothing and therefore the precise conduct that he was charged with, and convicted of, violating.85 Indeed, we note 81 Lawrence v. State, 240 S.W.3d 912, 915 (Tex. Crim. App. 2007) (quoting State v. Holcombe, 187 S.W.3d 496, 499 (Tex. Crim. App. 2006)). 82 Grayned v. City of Rockford, 408 U.S. 104, 108 (1972). 83 Id. at 108-09 . 84 See Holder v. Humanitarian Law Project, 130 S.

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

TX § Tex. Penal Code § 71.021 (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

CA 6 (2017–2025) TX 5 (2010–2018) FL 2 (1997–1999) OR 2 (1984–1993)

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.

← Caselaw search · G Cite Topics · Brief Check