(Download) "Ex Parte Robert Rose" by 265 The Texas Court of Criminal Appeals NO. 69 ~ Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte Robert Rose
- Author : 265 The Texas Court of Criminal Appeals NO. 69
- Release Date : January 26, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
None CLINTON, Judge We decided to grant applicant leave to file his motion for rehearing, presumably to examine his vigorous contentions that not only was it inappropriate for the Court to depart from germane provisions in the Penal Code and resort to dictionary definitions to determine common usage of the term sexual conduct, but also that having done so the Court came to the wrong conclusion. While I believe appellant may have a point or two, the majority avoids discussing them by simply overruling his motion for rehearing without written opinion, thereby adhering to the opinion or original submission. There is some merit to the contentions because on original submission the Court looked more for the common meaning of sexual conduct than for what meaning the Legislature intended to give the term victim's sexual conduct as used in context of § 22.065.1 Granted the opinion refers to the history of the statute, its forerunner § 21.13, and the purpose of the statute to be served -- an endeavor that all but concedes the term victim's sexual conduct is ambiguous -- yet it does not examine those matters in great depth. For reasons about to be given, it is not all that apparent to me the Legislature favored such construction and the consequences it risks.
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