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Such an issue may also be referred to the Texas Supreme Court by certified question, [2] but this procedure is rarely employed. Like the members of the Texas Supreme Court and the Court of Criminal Appeals, the Justices of the intermediate Texas Courts of Appeals are elected in partisan elections to six-year terms. Some, however, are initially ...
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. [2]
The report has an immediate purpose: to help the court determine an appropriate sentence as well as aide in officer sentencing recommendations. The report serves to collect objective, relevant, and factual information on a specific defendant. [7] Since the advent of the sentencing guidelines, the importance of the presentence reports has increased.
In one of the odd provisions of the Texas Government Code, there is no requirement that a municipal judge be an attorney if the municipal court is not a court of record (Chapter 29, Section 29.004), but the municipal judge must be a licensed attorney with at least two years experience in practicing Texas law if the municipal court is a court of ...
A victim impact statement is a written or oral statement made as part of the judicial legal process, which allows crime victims the opportunity to speak during the sentencing of the convicted person or at subsequent parole hearings.
With Judge Nelson’s signature, Lucio’s case will go to the Texas Court of Criminal Appeals, the only court that can vacate a conviction. “Judge Nelson found that critical information was ...
The court has the ability to stay the execution if some legal flaw in the original trial comes to light. The Court does not often exercise this power, though several individuals from around the world sentenced with capital punishment have been exonerated in the past thirty years. Inmates in this position can also file for clemency or pardon ...
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