No. 18-7967
Response WaivedIFP
Tags: constitutional-challenge criminal-defendant criminal-procedure direct-appeal due-process facial-challenge penal-statute standing statutory-interpretation
Latest Conference:
2019-04-12
Question Presented (from Petition)
Whether a criminal defendant may raise for the first time on direct appeal the constitutionality of the statute creating and defining the crime for which the defendant has been convicted - To wit, a facial challenge to a penal statute?
Whether the Texas 'Continuous Sexual Abuse of a child', Texas Penal Code § 21.02, is Unconstitutional?
Question Presented (AI Summary)
Whether a criminal defendant may raise for the first time on direct appeal the constitutionality of the statute creating and defining the crime for which the defendant has been convicted
Docket Entries
2019-04-15
Petition DENIED.
2019-04-01
Waiver of right of respondent Texas to respond filed.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)
Attorneys
James Dalton Smith
James D. Smith — Petitioner
Texas
Libra Joy Lange — Collin County District Attorney's Office, Respondent