No. 18-7967

James Dalton Smith v. Texas

Lower Court: Texas
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge criminal-defendant criminal-procedure direct-appeal due-process facial-challenge penal-statute standing statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2019-04-12
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

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. 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? 2. Whether the Texas 'Continuous Sexual Abuse of a child', Texas Penal Code § 21.02, is Unconstitutional?

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
James D. Smith — Petitioner
Texas
Libra Joy LangeCollin County District Attorney's Office, Respondent
Libra Joy LangeCollin County District Attorney's Office, Respondent