(Download) "Carl Lee Davis v. State Texas" by Supreme Court of Texas * Book PDF Kindle ePub Free

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Title: Carl Lee Davis v. State Texas
Author : Supreme Court of Texas
Release Date : January 19, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

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We granted the States motion for leave to file a motion for rehearing to consider whether this Courts holding on original submission is in conflict with the New York Court of Appeals decision in People v. Kirkpatrick, 32 N.Y.2d 17, 343 N.Y.S.2d 70, 295 N.E.2d 753 (New York 1973), appeal dismissed for want of a substantial federal question sub nom., Kirkpatrick v. New York, 414 U.S. 948, 94 S. Ct. 283, 38 L. Ed. 2d 204 (1974); a 1973 opinion which upheld the constitutionality of a statutory presumption almost identical to V.T.C.A., Penal Code, ? 43.23(e). In addition, we are to consider whether the U.S. Supreme Courts dismissal of the Kirkpatrick appeal for want of a substantial federal question represents a ruling on the merits by the Supreme Court on the specific challenges to the ruling of the lower appellate court.