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Texas Court of Criminal Appeals Clarifies Interpretation of Aggravating Provisions of Section 22.01(b)(2)(A) and (B), Charging One Provision at Guilt Phase Doesn’t Confer Jurisdiction to Argue Other Provision at Sentencing Phase

Loaded on July 15, 2021 by David Reutter published in Criminal Legal News August, 2021, page 22
Location: Texas.

by David M. Reutter

The Court of Criminal Appeals of Texas held that Texas Penal Code Section 22.01(b)(2)(A) establishes an element of an aggravated crime and not, alternatively, a punishment enhancement.

The Court’s opinion was issued in response to a petition for discretionary review filed by the State. The review ...

 

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More from this issue:

  1. Reevaluating Capital Punishment and Psychosis: How Sane Must We Be to Qualify for Execution?, by Michael Fortino, Ph.D
  2. Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, by Derek Gilna
  3. Drivers Beware: The Deadly Perils of Blank Check Traffic Stops, by Nisha Whitehead, John W. Whitehead
  4. U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence, by Dale Chappell
  5. Decades of Data Link Juvenile Lead Exposure and Criminal Behavior, by Casey Bastian
  6. New Jersey Governor Celebrates Juneteenth by Signing ‘Ban the Box’ Into Law, by Dale Chappell
  7. Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court, by Dale Chappell
  8. Connecticut Supreme Court: Use of Jailhouse Informant Violated Sixth Amendment Right to Counsel, by Douglas Ankney
  9. Crime, the Myth, by Emile DeWeaver
  10. Physics Offers New Perspective on Blood Spatter Investigations, by Michael Fortino, Ph.D
  11. Texas Court of Criminal Appeals Clarifies Interpretation of Aggravating Provisions of Section 22.01(b)(2)(A) and (B), Charging One Provision at Guilt Phase Doesn’t Confer Jurisdiction to Argue Other Provision at Sentencing Phase, by David Reutter
  12. Ninth Circuit Affirms Denial of Qualified Immunity to Officers Who Coerced 13-Year-Old to Falsely Confess to Murder, by Douglas Ankney
  13. Simple Training Can Prevent Police From Mistaking Gun for Taser, by Matthew Clarke
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  16. Maryland Court of Appeals: Erroneous Anti-CSI Jury Instruction Was Not Harmless Error, by Douglas Ankney
  17. Fourth Circuit Announces First Step Act Determinations Subject to Procedural and Reasonableness Requirements, by Douglas Ankney
  18. Michigan Supreme Court: Anonymous Tip Alleging Woman Was Driving Drunk Because She Yelled at Her Children Failed to Provide Reasonable Suspicion for Terry Stop, by Douglas Ankney
  19. SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct, by Dale Chappell
  20. Eighth Circuit Suppresses Evidence, Ruling Plain View Exception Inapplicable, by David Reutter
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  22. Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock, by Dale Chappell
  23. Kansas Supreme Court Affirms Dismissal of Convictions After State Fails to Preserve Issue for Appeal, by Dale Chappell
  24. New York City Ends Qualified Immunity for Police, by Matthew Clarke
  25. Pennsylvania Supreme Court Clarifies Standard for Admission of Evidence of Third Party Guilt, by Douglas Ankney
  26. D.C. Circuit: Ambiguous Plea Agreement Requires Interpretation in Favor of Defendant, by David Reutter
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