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Florida Statute 22.02 | Lawyer Caselaw & Research
F.S. 22.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 22.02

The 2023 Florida Statutes (including Special Session C)

Title IV
EXECUTIVE BRANCH
Chapter 22
EMERGENCY CONTINUITY OF GOVERNMENT
View Entire Chapter
F.S. 22.02
22.02 Declaration of policy.Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to governmental offices of its political subdivisions, in the event the incumbents thereof are unavailable to perform the duties and functions of such offices.
History.s. 2, ch. 59-447.

F.S. 22.02 on Google Scholar

F.S. 22.02 on Casetext

Amendments to 22.02


Arrestable Offenses / Crimes under Fla. Stat. 22.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 22.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. TORRES,, 923 F.3d 420 (5th Cir. 2019)

. . . . § 22.02. . . . The crime became an aggravated assault because of factors identified in Section 22.02, which are not . . .

UNITED STATES v. FLORES,, 922 F.3d 681 (5th Cir. 2019)

. . . PENAL CODE § 22.02(a). . . .

MADISON STOCK TRANSFER, INC. v. EXLITES HOLDINGS INTERNATIONAL, INC. S. A., 368 F. Supp. 3d 460 (E.D.N.Y. 2019)

. . . Moore et al., Moore's Federal Practice § 22.02[1] (3d ed. 2019). . . . Great Wall de Venezuela C.A , 117 F.Supp.3d at 482 n.11 (citing Moore's Federal Practice § 22.02[3] ) . . .

UNITED STATES v. GOMEZ GOMEZ,, 917 F.3d 332 (5th Cir. 2019)

. . . Penal Code § 22.02(a)(1) is not a crime of violence, because the offense can be committed through indirect . . .

UNITED STATES v. VEDEROFF,, 914 F.3d 1238 (9th Cir. 2019)

. . . . § 22.02 ; Utah Code Ann. § 76-5-103 ; Vt. Stat. Ann. tit. 13, § 1024 ; Wis. Stat. § 940.19 ; Wyo. . . .

COLE v. CARSON, v., 905 F.3d 334 (5th Cir. 2018)

. . . . § 22.02(b)(2)(B). . . .

UNITED STATES v. FUENTES- CANALES,, 902 F.3d 468 (5th Cir. 2018)

. . . These instructions were based on Texas Penal Code §§ 22.01(a)(2) and 22.02(a)(2). . . . court's charge to the jury and the corresponding provisions of Texas Penal Code §§ 22.01(a)(2) and 22.02 . . . intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse"); § 22.02 . . .

EICHENWALD, v. RIVELLO,, 318 F. Supp. 3d 766 (D. Md. 2018)

. . . Penal Code § 22.02(a)(2).8 An assault under Texas law, as discussed above, could be a threat or a harmful . . .

UNITED STATES v. DUNBAR,, 714 F. App'x 463 (5th Cir. 2018)

. . . . § 22.02 is a crime of violence under U.S.S.G. § 2L1.2); see also United States v. . . .

UNITED STATES v. MARTIN,, 713 F. App'x 325 (5th Cir. 2018)

. . . . § 22.02 is crime of violence under Guideline § 2L1.2); see also United States v. . . .

UNITED STATES v. LONGORIA,, 713 F. App'x 327 (5th Cir. 2018)

. . . Penal Code;§§ 22.01, 22.02; De Leon v. State, 865 S.W.2d 139, 142 (Tex. App. 1993). . . .

UNITED STATES v. OWEN, IV,, 700 F. App'x 384 (5th Cir. 2017)

. . . did not err by using Owen’s 2010 conviction of aggravated assault in violation of Texas Penal Code § 22.02 . . .

UNITED STATES v. MOORE,, 711 F. App'x 757 (5th Cir. 2017)

. . . Texas Penal Code § 22.02(a) defines aggravated assault as an assault as described in Texas Penal Code . . . Penal Code § 22.02(a). . . . See Tex Penal Code § 22.02(a)(1) and (2). . . . Penal Code § 22.02. . . . Penal Code § 22.02(a). . . .

GRIFFITH, v. UNITED STATES, 871 F.3d 1321 (11th Cir. 2017)

. . . weighed 21.65 grams; and the top layer of Item 6 contained the presence of methamphetamine and weighed 22.02 . . .

V. CALVILLO GARCIA, v. B. SESSIONS, III, U. S., 870 F.3d 341 (5th Cir. 2017)

. . . In 2009, he pleaded guilty of aggravated assault in violation of Section 22.02(a)(2) of the Texas Penal . . .

UNITED STATES v. FAVORS,, 694 F. App'x 281 (5th Cir. 2017)

. . . characterizing his prior conviction for aggravated assault with a deadly weapon under Texas Penal Code § 22.02 . . .

UNITED STATES v. ZAMORA- ALONSO, v., 693 F. App'x 370 (5th Cir. 2017)

. . . )(l)(A)(ii) (2015) in light of his Texas conviction for aggravated assault under Texas Penal Code § 22.02 . . .

UNITED STATES v. TELLO- SEGUNDO,, 693 F. App'x 331 (5th Cir. 2017)

. . . He contends that § 22.02 is broader than generic aggravated assault because it can be violated with merely . . .

UNITED STATES v. VASQUEZ- SEGOVIANO,, 692 F. App'x 188 (5th Cir. 2017)

. . . prior Texas conviction for aggravated assault with a deadly weapon, in violation of Texas Penal Code § 22.02 . . . 5th Cir. 2007), we held that a conviction for aggravated assault in violation of Texas Penal Code § 22.02 . . .

UNITED STATES v. CALVILLO- PALACIOS, v., 860 F.3d 1285 (9th Cir. 2017)

. . . based on his prior felony aggravated assault conviction in 2005 in violation of Texas Penal Code §§ 22.02 . . . erred by concluding that his conviction for aggravated assault under Texas Penal Code §§ 22.01 and 22.02 . . . B In relevant part, Texas Penal Code § 22.02, which defines aggravated assault, provides that: (a) A . . . Thus, as'the parties agree, under Mathis, 136 S.Ct. at 2256, § 22.01(a) is divisible, but § 22.02(a) . . . Section 22.02(a)(1) requires an assault that “causes serious bodily injury to another.” . . .

UNITED STATES v. CRUZ,, 691 F. App'x 204 (5th Cir. 2017)

. . . characterizing his two prior convictions for aggravated assault with a deadly weapon under Texas Penal Code § 22.02 . . .

UNITED STATES v. SALGADO- ROSALES,, 691 F. App'x 175 (5th Cir. 2017)

. . . although the records all state that he was convicted of aggravated assault under Texas Penal Code § 22.02 . . . 2010), the records are sufficiently reliable to establish that Salgado-Rosales was convicted under § 22.02 . . .

UNITED STATES v. TAYLOR,, 691 F. App'x 182 (5th Cir. 2017)

. . . turn, depends upon whether Taylor’s prior convictions for aggravated assault under Texas Penal Code § 22.02 . . .

UNITED STATES v. RAMOS,, 690 F. App'x 880 (5th Cir. 2017)

. . . He argues that his prior conviction for aggravated assault in violation of Texas Penal Code § 22.02 was . . .

UNITED STATES v. SAUCEDO- RIOS,, 690 F. App'x 882 (5th Cir. 2017)

. . . . § 2L1.2(b)(1)(A)(ii) because his Texas conviction for aggravated assault under Texas Penal Code § 22.02 . . .

UNITED STATES v. GARCES,, 686 F. App'x 252 (5th Cir. 2017)

. . . This, in turn, depends upon whether Garces’ conviction for aggravated assault under Texas Penal Code § 22.02 . . . Aggravated assault under Texas Penal Code § 22.02(a) qualifies as a crime of violence under § 4B1.2(a . . . As this Court has previously held, a conviction for aggravated assault under Texas Penal Code § 22.02 . . .

UNITED STATES v. BUENFIL- CATALAN,, 684 F. App'x 370 (5th Cir. 2017)

. . . . §§ 22.01, 22.02 (2000)). . . . Penal Code Ann. § 22.02(a) (2003)); Guillen-Alvarez, 489 F.3d at 200-01. . . .

CASTORENA, v. ZAMORA,, 684 F. App'x 360 (5th Cir. 2017)

. . . . § 22.01(a) (West 2011); Id. at § 22.02(a) ("A person commits an offense if the person commits assault . . .

UNITED STATES v. CASTILLO- RIVERA,, 853 F.3d 218 (5th Cir. 2017)

. . . — Dallas Jan. 22, 1998), Boston was convicted for aggravated assault of a peace officer under TPC § 22.02 . . . Boston was charged and convicted under an entirely different chapter of the Texas code — TPC § 22.02( . . .

UNITED STATES v. SHEPHERD,, 848 F.3d 425 (5th Cir. 2017)

. . . Penal Code § 22.02(a)(2), and delivery of a controlled substance, Tex. . . . Penal Code § 22.02(a)(2), as a crime of violence under U.S.S.G. § 2K2.1(a)(2). . . . Penal Code § 22.02(a)(2), which provides: (a) A person commits an offense if the person commits assault . . . Penal Code § 22.02(a) (2003). . . . Penal Code § 22.02(a)(2) qualifies as a conviction for the enumerated offense of aggravated assault and . . .

ALABAMA LEGISLATIVE BLACK CAUCUS, v. ALABAMA, v., 231 F. Supp. 3d 1026 (M.D. Ala. 2017)

. . . majority-black SD 23 while preserving in majority-white SD 22 a portion of the county that was only 22.02 . . .

UNITED STATES v. VILLASENOR- ORTIZ,, 675 F. App'x 424 (5th Cir. 2017)

. . . Penal Code § 22.02 (2003). Relying on Landrian v. State, 268 S.W.3d 532 (Tex. Crim. . . . rea set forth in section 22.01(a) are not divisible and (2) the two aggravating factors in section 22.02 . . . We have held that both subsections of section 22.02(a) fall within the scope of generic aggravated assault . . . The version of section 22.02 in effect at the time of Villasenor-Ortiz’s offense was the version effective . . .

UNITED STATES v. LARA- GARCIA,, 671 F. App'x 248 (5th Cir. 2016)

. . . his 2012 conviction for aggravated assault with a deadly weapon in violation of Texas Penal Code § 22.02 . . .

UNITED STATES v. PEREZ- DE LEON,, 671 F. App'x 249 (5th Cir. 2016)

. . . Penal Code § 22.02. . . .

UNITED STATES v. JEFFRIES,, 829 F.3d 769 (5th Cir. 2016)

. . . certainly not “clear” or “obvious” under plain error review that his conviction under Texas Penal Code § 22.02 . . .

UNITED STATES v. FLANAGAN,, 667 F. App'x 140 (5th Cir. 2016)

. . . F.3d 197, 199-201 (5th Cir. 2007), this court held that aggravated assault under Texas Penal Code § 22.02 . . .

UNITED STATES v. BARCENAS- YANEZ, a k a a k a, 826 F.3d 752 (4th Cir. 2016)

. . . court’s conclusion that Bareenas-Yanez’s 1997 aggravated assault conviction under Texas Penal Code § 22.02 . . . We hold, to the contrary, that a conviction under § 22.02(a) is not categorically a crime of violence . . . At sentencing, the district court correctly determined that a violation of § 22.02(a) could potentially . . . Consequently, the court correctly viewed its task as determining whether “the elements of [a § 22.02( . . . Penal Code §§ 22.01, 22.02. . . .

UNITED STATES v. JEFFRIES,, 822 F.3d 192 (5th Cir. 2016)

. . . a career offender was the crime of aggravated assault with a deadly weapon under Texas Penal Code § 22.02 . . . Jeffries states that his conviction was pursuant to Texas Penal Code § 22.02. . . . . previously examined a Johnson challenge to an ACCA enhancement based upon a violation of Texas Penal Code § 22.02 . . . .2015) (rejecting the defendant's Johnson challenge because it is not plain that Texas Penal Code § 22.02 . . .

MUTSVENE, v. LYNCH, U. S., 647 F. App'x 369 (5th Cir. 2016)

. . . Approximately three years later, Mut-svene pled guilty to aggravated assault under Texas Penal Code § 22.02 . . .

L. HARDMAN, v. UNITED STATES, 149 F. Supp. 3d 1144 (W.D. Mo. 2016)

. . . R. 22.02-.03 (specifying the content of felony complaints, which must include probable cause statements . . .

UNITED STATES v. GARCIA- JIMENEZ,, 807 F.3d 1079 (9th Cir. 2015)

. . . . §§ 22.01, 22.02; Vt. Stat. Ann. tit. 13, § 1024; Wyo. Stat. . . . Penal Code Ann. §§ 22.01, 22.02; Va.Code Ann. § 18.2-51.2; Wash. Rev.Code § 9A.36.011; W. . . .

UNITED STATES v. RODRIGUEZ- MARTINEZ,, 616 F. App'x 161 (5th Cir. 2015)

. . . Rodriguez-Martinez’s offense of conviction, whether it was assault with a deadly weapon under Texas Penal Code § 22.02 . . .

UNITED STATES v. GUZMAN,, 797 F.3d 346 (5th Cir. 2015)

. . . ”- regarding whether his 1995 conviction for aggravated assault, in violation of Texas Penal Code § 22.02 . . . The 1994 version of Texas Penal Code § 22.02(a) provided that “[a] person commits an offense if the person . . . relevant offense of conviction to a violation of § 22.01(a)(2) (threatening imminent bodily injury), and § 22.02 . . . another with imminent bodily injury,” § 22.01(a)(2), while “us[ing] or exhibiting] a deadly weapon,” § 22.02 . . .

GREAT WALL DE VENEZUELA C. A. v. INTERAUDI BANK, v. ICA, 117 F. Supp. 3d 474 (S.D.N.Y. 2015)

. . . Moore’s Federal Practice § 22.02[1] (3d ed.2013). . . . liability or vexatious, conflicting claims against -the single fund”); see also Moore’s Federal Practice § 22.02 . . . Moore’s Federal Practice § 22.02[3], . . . . -Ffed.R.Civ.P. 22(a)(1); see also Moore’s Federal Practice § 22.02[1]. . . . .

W. FREY, v. STEPHENS,, 616 F. App'x 704 (5th Cir. 2015)

. . . adjudicated Frey guilty of aggravated assault with a deadly weapon, in violation of Texas Penal Code § 22.02 . . .

UNITED STATES v. RODRIGUEZ,, 603 F. App'x 297 (5th Cir. 2015)

. . . Penal Code § 22.02, and was placed on deferred adjudication community supervision. . . .

UNITED STATES v. SANCHEZ- SANCHEZ,, 779 F.3d 300 (5th Cir. 2015)

. . . , the parties agree that Sanchez-Sanchez was convicted under the 1988 version of Texas Penal Code § 22.02 . . . Section 22.02 is one such statute. . . . A conviction under section 22.02(a)(4), which criminalizes assault attended by use of a deadly weapon . . . Moreover, we have previously considered the specific language of section 22.02 in effect in 1974 and . . . In both cases, we concluded that there are ways to violate section 22.02(a) that would not quality as . . .

NAVNEET PUBLICATIONS INDIA LTD. SGM v. UNITED STATES,, 999 F. Supp. 2d 1354 (Ct. Int'l Trade 2014)

. . . Commerce also calculated a new AFA rate of 22.02% (again, based on Riddhi data) and reduced the number . . . 11.01% — the simple average of the zero percent rates assigned to the two mandatory respondents and the 22.02% . . . Specifically, the Government claims that “[t]he AFA rate of 22.02% was the highest, non-aberrational . . . While the 22.02% figure derived from actual sales data reported by Riddhi during the review, it was also . . . Indeed, “if the presence of [a 22.02% margin] failed to justify assigning an overall above-de minimis . . .

HEARING, v. MINNESOTA LIFE INS. CO. v. C., 33 F. Supp. 3d 1035 (N.D. Iowa 2014)

. . . Sunray Oil Co., 539 F.2d 1136, 1141 (8th Cir.1976) (citing 3A Moore’s Federal Practice P 22.02(1) (1974 . . .

McVAY, v. ALLIED WORLD ASSURANCE COMPANY, INC., 16 F. Supp. 3d 1202 (D. Nev. 2014)

. . . A (Cohen’s Handbook of Federal Indian Law, § 22.02[1], at 1386-87 (2012 ed.)))). . . . No. 101-512, § 314 (note to § 450f); Cohen’s Handbook of Federal Indian Law, § 22.02[4][a], at 1391. . . .

UNITED STATES v. CORTEZ- ROCHA,, 552 F. App'x 322 (5th Cir. 2014)

. . . The parties here agree that the conviction was under Section 22.02 of the Texas Penal Code. . . . Penal Code § 22.02(a)(l)-(4) (West 1989) (titled “Aggravated Assault”), quoted as amended by Acts 1991 . . . subsection of Section 22.02 applied. . . . At least some of Section 22.02’s subparts involve “prohibited behavior that is not within the plain, . . . Penal Code § 22.02(a) (West 1989). . . .

LOS COYOTES BAND OF CAHUILLA CUPE O INDIANS, v. JEWELL A. III,, 729 F.3d 1025 (9th Cir. 2013)

. . . Cohen, supra, § 22.02 (citing Pub L. No. 93-638, 88 Stat. 2203 (1975)). . . . Cohen, supra, § 22.02 (citing 25 U.S.C. §§ 458aa-458aaa-18.). . . .

LOS COYOTES BAND OF CAHUILLA CUPE O INDIANS, v. JEWELL, A. III,, 729 F.3d 1025 (9th Cir. 2013)

. . . Cohen, supra, § 22.02 (citing Pub L. No. 93-638, 88 Stat. 2203 (1975)). . . . Cohen, supra, § 22.02 (citing 25 U.S.C. §§ 458aa-458aaa~18.). . . .

UNITED STATES v. ARELLANO- SANDOVAL,, 506 F. App'x 827 (10th Cir. 2013)

. . . crime of violence — namely, aggravated assault with a deadly weapon, in violation of Texas Penal Code § 22.02 . . . pleaded guilty in 2006 to aggravated assault with a deadly weapon, in violation of Texas Penal Code § 22.02 . . . before this court that his prior conviction — aggravated assault in violation of Texas Penal Code § 22.02 . . . We need not determine whether aggravated assault in violation of Texas Penal Code § 22.02 is a crime . . . Instead, the district court found that aggravated assault under Texas Penal Code § 22.02 constituted . . .

M. WHATLEY, v. COFFIN,, 496 F. App'x 414 (5th Cir. 2012)

. . . . § 22.02(a)(2) and (b)(2)(B). . . .

UNITED STATES v. DURAN,, 696 F.3d 1089 (10th Cir. 2012)

. . . . § 22.02(a). . . .

UNITED STATES v. GARCIA,, 493 F. App'x 576 (5th Cir. 2012)

. . . . § 22.02(a)(West 1990). . . . The statute also provided that an offense under § 22.02 was a third degree felony, except in limited . . . Id. at § 22.02(c). . . .

UNITED STATES v. ANDREWS,, 478 F. App'x 910 (5th Cir. 2012)

. . . . § 22.02 qualify as the enumerated offense of “aggravated assault” under § 4B1.1. . . .

UNITED STATES v. CABRERA,, 478 F. App'x 204 (5th Cir. 2012)

. . . Penal Code §§ 22.02 (aggravated assault), 22.05 (deadly conduct). . . .

UNITED STATES v. VILLANUEVA,, 478 F. App'x 186 (5th Cir. 2012)

. . . Penal Code § 22.02(a) (1990). . . . Id. § 22.02(c). . . . . § 22.02(c). . . . Penal Code § 22.02(a) (2000)). . . . Penal .Code § 22.02 (2009). . . .

ULTIMAX CEMENT MANUFACTURING CORP. v. CTS CEMENT MANUFACTURING CORP. d b a CTS Co., 856 F. Supp. 2d 1136 (C.D. Cal. 2012)

. . . Chisum, Patents, § 22.02[3] (1985 rev.)); see also Teets v. . . .

ENTERGY NUCLEAR VERMONT YANKEE, LLC v. SHUMLIN,, 838 F. Supp. 2d 183 (D. Vt. 2012)

. . . Sands, Sutherland Statutes & Statutory Construction § 22.02, at 107 (4th ed.1972))). . . .

J. L. WARD ASSOCIATES, INC. v. GREAT PLAINS TRIBAL CHAIRMEN S HEALTH BOARD, s, 842 F. Supp. 2d 1163 (D.S.D. 2012)

. . . Standing Rock Child Protective Services, 516 F.3d 668, 670 (8th Cir.2008); Cohen, supra, at § 22.02[1 . . .

UNITED STATES v. MENDEZ- RUBI,, 438 F. App'x 293 (5th Cir. 2011)

. . . . § 22.02(a)(2)(A) (1991) was a crime of violence under 18 U.S.C. § 16 and, thus, an aggravated felony . . . A conviction for aggravated assault of a peace officer in violation of § 22.02(a)(2)(A) (1991) does not . . .

STONE STREET ASSET TRUST, v. BLUE, 821 F. Supp. 2d 672 (D. Del. 2011)

. . . Lucas, Moore’s Federal Practice § 22.02[1] (2d ed. 1994)). . . . .

INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND, v. ROGER BURNS PAINTING LLC,, 783 F. Supp. 2d 144 (D.D.C. 2011)

. . . at the contract rate under Article XXII, Section 22.05; (D) audit costs under Article XXII, Sections 22.02 . . .

UNITED STATES v. WALI, 811 F. Supp. 2d 1276 (N.D. Tex. 2011)

. . . information was sufficient to create reasonable suspicion of aggravated assault with a deadly weapon under § 22.02 . . .

In GREEN HILLS DEVELOPMENT COMPANY, LLC,, 445 B.R. 647 (Bankr. S.D. Miss. 2011)

. . . barred by 26.02, but I go back to unconscionability, duress, and I think those exist separate from 22.02 . . .

UNITED STATES v. CASTRO,, 407 F. App'x 818 (5th Cir. 2011)

. . . Guillevr-Alvarez, that a conviction under the Texas aggravated assault statute, Texas Penal Code § 22.02 . . .

UNITED STATES v. MALDONADO- SORIA,, 379 F. App'x 385 (5th Cir. 2010)

. . . The Texas statute under which Maldonado was convicted, Texas Penal Code § 22.02 (Vernon 2006), is substantially . . .

UNITED STATES v. PALOMINO GARCIA, a. k. a. a. k. a. a. k. a. a. k. a., 606 F.3d 1317 (11th Cir. 2010)

. . . Penal Code § 22.02(a)(2) (1974)). . . .

NEXMED HOLDINGS, INC. v. BETA TECHNOLOGIES, INC., 718 F. Supp. 2d 1299 (D. Utah 2010)

. . . Chisum § 22.02. . . .

HUSKY ROSE, INC. a d b a s J. v. ALLSTATE INSURANCE COMPANY, L. d b a, 19 So. 3d 1085 (Fla. Dist. Ct. App. 2009)

. . . More applicable to these facts is section 22.02 of the lease which prohibits oral agreements to modify . . . provision until policy renewal constitutes an oral understanding which is inconsistent with section 22.02 . . . Material issues of fact remain as to whether a waiver occurred and whether section 22.02 applies. . . .

UNITED STATES v. J. TOLER, A. v., 666 F. Supp. 2d 872 (S.D. Ohio 2009)

. . . Parcel B consists of 22.02 acres of surrounding farmland to the 879 Homewood Drive property, and was . . .

UNITED STATES v. ARAGON,, 338 F. App'x 364 (5th Cir. 2009)

. . . . §§ 7(3) and 13(a) and Texas Penal Code §§ 22.02(a)(1), (b)(2)(D); and assault of a security officer . . .

FLEXITEEK AMERICAS, INC. v. PLASTEAR, INC., 626 F. Supp. 2d 1251 (S.D. Fla. 2009)

. . . Chisum, Patents § 22.02 (1990)). . . .

SMITH, v. COLUMBIA GAS OF OHIO GROUP MEDICAL BENEFIT PLAN,, 624 F. Supp. 2d 844 (S.D. Ohio 2009)

. . . which a leave of absence begins, except to the extent continuation coverage is required under Section 22.02 . . .

RICHARDS, v. QUARTERMAN,, 566 F.3d 553 (5th Cir. 2009)

. . . . § 22.02(a). . . .

UNITED STATES v. TORRES- SALAZAR,, 300 F. App'x 328 (5th Cir. 2008)

. . . At the time of the offense, the Texas statute governing aggravated assault, Texas Penal Code § 22.02( . . . (a)(1) or 22.02(a)(2). . . . (a)(2), but not necessarily all possible permutations of aggravated assault under section 22.02(a), are . . . With respect to the claim that the section 22.02(a) conviction should not be considered an “aggravated . . . With respect to the claim that the section 22.02(a) conviction was not under section 22.02(a)(2) (use . . .

UNITED STATES v. FERNANDEZ, Jr., 292 F. App'x 301 (5th Cir. 2008)

. . . . § 22.02. . . . In Guillen-Alvarez, we specifically relied on the fact that section 22.02(a) is predicated on “ ‘the . . . Because article 22.02(a) — quoted in Guillenr-Alvarez — states these two factors in the alternative and . . . This 1991 offense is plainly an assault under Penal Code § 22.01(a)(2) which section 22.02(a)(2) makes . . . That 1993 offense is plainly an assault under Penal Code § 22.01(a)(1) which § 22.02(a)(1) makes into . . .

RICHARDS, v. QUARTERMAN,, 578 F. Supp. 2d 849 (N.D. Tex. 2008)

. . . Penal Code §§ 22.02(a), 22.01(a)(1) (Vernon 2003). . . . . § 22.02(b), punishable by imprisonment for a term of not more than twenty years or less than two years . . .

BATISTE, TDCJ v. QUARTERMAN,, 622 F. Supp. 2d 423 (S.D. Tex. 2008)

. . . Penal Code § 22.02. . . .

CASTANEDA, a. k. a. v. B. MUKASEY,, 281 F. App'x 284 (5th Cir. 2008)

. . . June 1996, Castaneda was convicted of aggravated assault with a deadly weapon under Texas Penal Code § 22.02 . . . An “aggravated assault” under Texas Penal Code § 22.02(a)(2), the statute under which Castaneda was convicted . . . Texas Penal Code § 22.02 defines aggravated assault, inter alia, as the use or exhibition of “a deadly . . .

BAXTER, v. QUARTERMAN,, 270 F. App'x 313 (5th Cir. 2008)

. . . mandated by Texas Penal Code § 2.05(a)(2) (Vernon 2005) after the court gave the jury a Texas Penal Code § 22.02 . . .

UNITED STATES v. CAMACHO- LOPEZ,, 267 F. App'x 373 (5th Cir. 2008)

. . . Penal Code § 22.02, is substantially similar to the generic, common sense definition of “aggravated assault . . .

UNITED STATES v. CHAVEZ- SIFUENTES,, 266 F. App'x 324 (5th Cir. 2008)

. . . . § 22.02, is substantially similar to the definition of “aggravated assault” under the Model Penal Code . . .

UNITED STATES v. ROJAS,, 265 F. App'x 336 (5th Cir. 2008)

. . . Penal Code § 22.02, is substantially similar to the generic, common sense definition of “aggravated assault . . .

UNITED STATES v. BRIONES- ZAPATA,, 265 F. App'x 311 (5th Cir. 2008)

. . . This court has previously held that aggravated assault under Texas Penal Code § 22.02 (Vernon 2000), . . .

HINSLEY, Ad K. M, a v. STANDING ROCK CHILD PROTECTIVE SERVICES, 516 F.3d 668 (8th Cir. 2008)

. . . See generally Cohen’s Handbook of Federal Indian Law § 22.02 (Neil Jessup Newton et al. eds., 2005) ( . . . See generally Cohen § 22.02[1] (discussing the genesis of self-determination contracts). . . . BIA Federal Tort Claims Act Coverage General Provisions, 25 C.F.R. §§ 900.180-.188 (2007); Cohen § 22.02 . . .

UNITED STATES v. GALVES,, 262 F. App'x 587 (5th Cir. 2008)

. . . This court has previously held that aggravated assault under Texas Penal Code § 22.02 (Vernon 2002), . . .

UNITED STATES v. JOVE- REYES,, 262 F. App'x 580 (5th Cir. 2008)

. . . 169 L.Ed.2d 293 (2007), this court held that the Texas aggravated assault statute, Texas Penal Code § 22.02 . . .

UNITED STATES v. Vu LE,, 512 F.3d 128 (5th Cir. 2007)

. . . Penal Code §§ 12.34(a), 15.01(a), 22.02(a)(2). . . .

UNITED STATES v. QUINTANILLA- GARAY,, 254 F. App'x 425 (5th Cir. 2007)

. . . Penal Code § 22.02, is substantially similar to the generic, common sense definition of “aggravated assault . . .

UNITED STATES v. PERAZA- CHICAS,, 254 F. App'x 399 (5th Cir. 2007)

. . . . § 22.02 (Vernon 2000). . . . assault with a deadly weapon, to wit: a knife,” we determined that the defendant was convicted under § 22.02 . . .

UNITED STATES v. AVITU- RAMOS,, 252 F. App'x 625 (5th Cir. 2007)

. . . Penal Code § 22.02(a) qualified as a conviction for an enumerated offense of aggravated assault and a . . .

UNITED STATES v. DELGADO- SALAZAR,, 252 F. App'x 596 (5th Cir. 2007)

. . . Texas Penal Code § 22.02 defines the offense of aggravated assault in a manner that is substantially . . . Penal Code §§ 22.02 & 22.01(a)(2), indictment alleging “threaten ... with imminent bodily injury and . . .

UNITED STATES v. CADENAS- SANCHEZ,, 251 F. App'x 925 (5th Cir. 2007)

. . . Penal Code § 22.02, is substantially similar to the definition of “aggravated assault” under the Model . . .

UNITED STATES v. HERNANDEZ- IGNACIO,, 251 F. App'x 298 (5th Cir. 2007)

. . . Penal Code § 22.02(a) qualifies as a conviction for an enumerated offense of aggravated assault and a . . .

UNITED STATES v. REYES- GOMEZ,, 250 F. App'x 33 (5th Cir. 2007)

. . . He contends that the offense, as set forth in Texas Penal Code §§ 22.01(a)(2) and 22.02(a), is not among . . . The Texas aggravated-assault statute, § 22.02, is substantially similar to the definition of “aggravated . . .