Penal Code of the State of Texas
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Advocate October 101614 -FINAL with NAMES in TITLE
The Advocate www.dpa.ky.gov October 2014 The Kentucky Penal Code: Forty Years of Unresolved Tension and Conflict Between Sentencing Philosophies By Ernie Lewis and Dan Goyette product of what had been inherited from Virginia and the common law. The Kentucky Constitution Watch out for those who “constantly cudgel of 1792 stated that all laws in force on June 1, their brains to think of new things to punish, 1792 from Virginia were also in force in Kentucky, and severer penalties to inflict on others.” including common law from England prior to Clarence Darrow March 24, 1607.¹ Specific sentences were included with each criminal law. “The statutory law had grown haphazardly over the better part “The purposes of the Penal Code will be of two centuries.”² The “great body of substantive criminal law was not in the statutes Ernie Lewis Dan Goyette subverted if the legislature persists in Executive Director Executive Director/Chief continuing the current trend toward at all… It resided in the restless ocean of common National Association for Public Defender law, some of it floating near the surface for Public Defense Louisville Public proliferation of statutory law. This will Defender’s Office cause undue complexity and substantially everyday observation, and therefore quite impair the functional approach contained in familiar, and some of it virtually indefinable in the Model Penal Code was Columbia University’s the Code. New criminal legislation must be obscurity of the deep.”³ Often, laws were Herbert Wechsler, who had participated in the carefully considered lest it conflict with redundant, inconsistent or outright Nuremberg trials. -
An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefore, and for Other Purposes
REPUBLIC ACT NO. 9262 AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES. Section 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004." Sec. 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security. Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party. Sec. 3. Definition of Terms.- As used in this Act: (a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. -
In the Supreme Court of Texas ______
FILED 21-0463 6/3/2021 11:17 PM tex-54090915 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK NO. ______________ _________________________________________ In the Supreme Court of Texas _________________________________________ IN RE LUCKYGUNNER, LLC, RED STAG FULFILLMENT, LLC, MOLLENHOUR GROSS, LLC, JORDAN MOLLENHOUR, AND DUSTIN GROSS, Relators __________________________________________________________________ Original Proceeding from County Court at Law No. 3 at Galveston County, Texas, Consolidated Cause No. CV-0081158, the Honorable Jack Ewing __________________________________________________________________ PETITION FOR WRIT OF MANDAMUS __________________________________________________________________ A.M. “Andy” Landry III Gray Reed & McGraw LLP State Bar No. 11868750 1300 Post Oak Blvd., Suite 2000 Greg White Houston, Texas 77056 State Bar No. 21329050 (713) 986-7000 (Telephone) Kelly H. Leonard (713) 986-7100 (Fax) State Bar No. 24078703 Email: [email protected] Email: [email protected] Email: [email protected] Andrew A. Lothson (PHV forthcoming) Swanson, Martin & Bell LLP 330 North Wabash, Suite 3300 Chicago, Illinois 60611 (312) 321-9100 (Telephone) (312) 321-0990 (Fax) Email: [email protected] ATTORNEYS FOR RELATORS TEMPORARY RELIEF REQUESTED ORAL ARGUMENT REQUESTED IDENTITIES OF PARTIES AND COUNSEL Relators LuckyGunner, LLC, Red Stag Fulfillment, LLC, Mollenhour Gross LLC, Jordan Mollenhour, Dustin Gross (collectively, the “Defendants”) Trial Counsel Gray Reed & McGraw LLP A.M. “Andy” Landry III Kelly Leonard 1300 Post Oak Blvd., Suite 2000 Houston, Texas 77056 (713) 986-7000 (Telephone) (713) 986-7100 (Fax) Email: [email protected] Email: [email protected] Swanson, Martin & Bell LLP Andrew A. Lothson (PHV) 330 North Wabash, Suite 3300 Chicago, Illinois 60611 (312) 321-9100 (Telephone) (312) 321-0990 (Fax) Email: [email protected] Douglas T. Gosda Manning, Gosda & Arredondo, L.L.P. -
Texas Statutes and Codes Pathfinder
THURGOOD MARSHALL SCHOOL OF LAW LIBRARY Pathfinder Series Itunu Sofidiya, Learning Resources Librarian Revised May 2015 Texas Statutes and Codes I. INTRODUCTION Texas is one of the few states that have retained a unified code, which uses a single alphanumeric system of numbering for all statutes. This arrangement proved too difficult to accommodate growth in statutory law. As a result, the Texas Legislative Council began work on a non- substantive revision of the Texas statutes in 1963. This large-scale project continues today. Material is being moved from the Vernon’s Annotated Revised Civil Statutes of the State of Texas and is being incorporated into individual annotated codes arranged by subject (for example, the Family Code). The current Texas Statutes are available on the Texas Legislature's website Texas Legislature Online. While the online version of the statutes contain only the language of the law, the Thurgood Marshall School of Law Library has a complete set of Vernon's Texas Codes Annotated which is available for patrons to use in the library. This set provides helpful annotations to case law and secondary sources relevant to a particular statute. II. LEGISLATIVE PROCESS IN TEXAS The Texas Legislature meets regularly in odd-numbered years for a maximum of 140 days beginning the second Tuesday in January. Along with the 140-day session, the Governor may call special sessions to consider other matters. Both the House and Senate members introduce bills in the first 60 days. After 60 days, there are restrictions on introducing a bill. When a bill is introduced, it is assigned a bill number such as S.B. -
In the Supreme Court of Texas
IN THE SUPREME COURT OF TEXAS 9069 Misc. Docket No. 98- APPROVAL OF LOCAL RULES FOR THE DISTRICT COURTS AND COUNTY COURTS AT LAW OF LUBBOCK COUNTY, TEXAS ORDERED that: Pursuant to Texas Rule of Civil Procedure 3a, the Supreme Court of Texas approves the following Local Rules for the District Courts and County Courts at Law of Lubbock County, Texas. The approval of these rules is temporary pending further orders of the Court. Page 1 of 2 Q^ SIGNED AND ENTERED thisZ l 1 day of , Priscilla R. Owen, Justice Deborah G. Hankinson, Justice Misc. Docket No. 98 -9069 Page 2 of 2 LOCAL ADMINISTRATIVE RULES of the DISTRICT COURTS and COUNTY COURTS-AT-LAW of LUBBOCK COUNTY, TEXAS TABLE OF CONTENTS RULE 1 - GENERAL . 6 Rule 1.10 Court Sessions, Annual Calendars, Holidays . 6 Rule 1.11 Hours of Court Proceedings . 6 Rule 1.12 Emergency and Special Sessions . 6 Rule 1.13 Jury/Non-Jury Weeks . 6 RULE 2 - LOCAL ADMINISTRATIVE JUDGE . 6 Rule 2.10 Powers and Duties of Local Administrative Judge ......... 6 Rule 2.11 Information to Local Administrative Judge . 7 Rule 2.12 Exercise of Powers in Absence . 7 Rule 2.13 Court Divisions . 7 RULE 3 - CIVIL CASES . 7 Rule 3.10 Filing and Assignment of Cases . 7 Rule 3.11 Filing on Holidays . 7 Rule 3.12 Transfer of Cases, Docket Exchange, Bench Exchange ..... 7 Rule 3.13 Request for Settings - Non-Jury . 8 Rule 3.14 Disposition of Uncontested Matters . 8 Rule 3.15 Request for Settings - Jury . 8 Rule 3.16 Jury Fee and Jury Demand . -
Anti-Corruption
INDEX Introduction to Anti-Corruption Regulation Survey (Japanese) ······································ ii Introduction to Anti-Corruption Regulation Survey (English) ······································· iv GLOSSARY ·························································································································· vi Africa Kenya ··································································································································· 1 South Africa ························································································································· 3 Asia Pacific Australia ······························································································································· 5 China ···································································································································· 7 Japan ····································································································································· 9 South Korea ························································································································ 11 Taiwan ································································································································ 13 Europe Austria ································································································································ 15 France ································································································································· -
Income from Separate Property: Towards a Theoretical Foundation
University of Washington School of Law UW Law Digital Commons Articles Faculty Publications 1993 Income from Separate Property: Towards a Theoretical Foundation Thomas R. Andrews University of Washington School of Law Follow this and additional works at: https://digitalcommons.law.uw.edu/faculty-articles Part of the Family Law Commons Recommended Citation Thomas R. Andrews, Income from Separate Property: Towards a Theoretical Foundation, 56 LAW & CONTEMP. PROBS. 171 (1993), https://digitalcommons.law.uw.edu/faculty-articles/578 This Article is brought to you for free and open access by the Faculty Publications at UW Law Digital Commons. It has been accepted for inclusion in Articles by an authorized administrator of UW Law Digital Commons. For more information, please contact [email protected]. INCOME FROM SEPARATE PROPERTY: TOWARDS A THEORETICAL FOUNDATION THOMAS R. ANDREWS* I INTRODUCTION: THE PROBLEM STATED This article addresses an important area of historical disagreement among the community property states: the characterization of the rents, issues, and profits ("income") from separate property brought into or acquired during marriage Of the nine community property states, five characterize the income derived from separate property as separate property.2 The other four states characterize such income as community property.3 Although there have been scattered discussions of this issue throughout the community property case law and literature over the years, I have searched the literature in vain for a comprehen- sive treatment of the question.4 Certainly there has not been one in recent years. The issue is important because of the prevalence of separate property in marriages. Two societal phenomena are combining to cause increasingly more separate property to be brought into marriages. -
Laws on Violence Against Women in the Philippines
EGM/GPLVAW/2008/EP.12 22 August 2008 ENGLISH only United Nations Nations Unies United Nations Office on Drugs and Crime United Nations Division for the Advancement of Women Expert Group Meeting on good practices in legislation on violence against women United Nations Office at Vienna, Austria 26 to 28 May 2008 Laws on Violence against Women in the Philippines Expert Paper prepared by: Rowena V. Guanzon* Professor, University of the Philippines College of Law Steering Committee Member, Asia Cause Lawyers Network * The views expressed in this paper are those of the author and do not necessarily represent those of the United Nations. 1 EGM/GPLVAW/2008/EP.12 22 August 2008 ENGLISH only Background: Since 1995, violence against women (VAW) has captured the attention of the government and legislators in the Philippines, propelled by the demand of a growing women’s human rights movement and the Convention on the Elimination of All Forms of Discrimination Against Women, its Optional Protocol1 as well as other international conventions. The Beijing Conference on Women in 1995 heightened the demand of women’s rights advocates for laws protecting women from violence. Progressive reforms in laws protecting women was brought about by several factors beginning with the democratization process that began in the 1986 People Power Revolution after the fall of the Marcos dictatorship, the 1987 Constitution2 that has specific provisions on the rights of women and fundamental equality before the law of men and women, the increasing number of women’s organizations in the provinces with links to Metro Manila based women’s rights organizations,3 and the participation of women legislations who are becoming increasingly aware of the need for gender equality and the elimination of VAW. -
FCLG-Philippines
PHILIPPINES FACT-CHECKER LEGAL GUIDE TABLE OF CONTENTS INTRODUCTION ..................................................................................................................... 2 DEFAMATION ......................................................................................................................... 3 A. Introduction ................................................................................................................ 3 B. What Are the Elements of Defamation? ............................................................ 4 C. By What Means Can Defamation Be Committed? ......................................... 6 D. Who Can Bring a Defamation Action? ................................................................. 7 E. Who Can Be Liable for Defamation? .................................................................... 7 F. Defenses ...................................................................................................................... 8 G. Statute of Limitations ............................................................................................. 9 PRIVACY .................................................................................................................................. 10 A. Constitutional Principles ....................................................................................... 10 B. Privacy Legislation .................................................................................................. 10 C. Right to Privacy Online ......................................................................................... -
Moving Forward from the Historically Incongruous Treatment of Mens Rea in Philippine Criminal Law
Moving Forward from the Historically Incongruous Treatment of Mens Rea in Philippine Criminal Law Allan Chester B. Nadate* INTRODUCTION .......................................................................................... 90 I. THE CONTEMPORARY ARTICULATION OF THE “MALA DICHOTOMY” .. 94 A. Characterizing the Dichotomy ................................................... 94 B. The Jurisprudential History of the “Mala Dichotomy” ........... 103 1. The Evolution of Case Law from Go Chico...................... 104 2. The Misconception as Contained in Criminal Law Commentaries .................................................................... 112 II. THE INCONGRUOUS TREATMENT OF MENS REA ................................ 116 A. The Inconsistency in Code-Special Law Interpretation.............117 B. Overcriminalization from an Overzealous Reading? ............... 124 III. THE RATIONAL APPROACH TO MENS REA INTERPRETATION ............. 131 A. Reclaiming the Proper Meaning of the “Mala Dichotomy” .... 132 B. A Radical Reconstruction of Case Law .................................... 135 CONCLUSION............................................................................................ 136 INTRODUCTION More than a century ago, a Chinese resident displayed several small medallions containing the face of the revolutionary Tagalog leader, General Emilio Aguinaldo, in his store in Manila.1 He bought these items together with a stock of goods in a public auction conducted by a court sheriff just * The author works in human rights advocacy, specializing -
JD Anti-Corruption Regulation Survey 2016-17.Pdf
Jones Day Table of Contents GLOSSARY.........................................................................................................................................iii Africa ......................................................................................................................................... 1 Kenya ............................................................................................................................ 1 Mozambique ................................................................................................................. 8 South Africa ................................................................................................................ 11 Asia Pacific ............................................................................................................................. 15 Australia...................................................................................................................... 15 China ........................................................................................................................... 18 Hong Kong .................................................................................................................. 23 Japan ........................................................................................................................... 26 South Korea ................................................................................................................ 29 Taiwan ........................................................................................................................ -
City of Sherman City Council Regular Meeting Agenda Council Chambers of the City Hall 220 West Mulberry Street Sherman, Texas Monday, May 4, 2015 5:00 P.M
CITY OF SHERMAN CITY COUNCIL REGULAR MEETING AGENDA COUNCIL CHAMBERS OF THE CITY HALL 220 WEST MULBERRY STREET SHERMAN, TEXAS MONDAY, MAY 4, 2015 5:00 P.M. A. 1. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN A. 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER JASON SOFEY A. 3. INVOCATION BY COUNCIL MEMBER JASON SOFEY A. 4. APPROVE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 20, 2015 Proclamations B. 1. PROCLAMATION "Mental Health Awareness Month" – May 2015 B. 2. PROCLAMATION "Police Week" – May 10-16, 2015 Public Hearing C. 1. PUBLIC HEARING Proposed Agreement with Kaiser Aluminum Fabricated Products, LLC for the Abatement of Ad Valorem Property Taxes for Improvements within Industrial Reinvestment Zone, Number 042015-1, City of Sherman, Texas Close Public Hearing and Consider the Consent Agenda C. 2. CONSENT AGENDA Asterisked (*) items are considered to be routine and will be enacted in one motion without discussion unless a Council Member or a citizen requests a specific item be discussed and voted on separately Any item on this posted agenda may be discussed in Executive Session provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code Resolutions D. 1. RESOLUTION NO. 5967 Authorizing Execution of an Agreement with Kaiser Aluminum Fabricated Products, LLC for the Abatement of Ad Valorem Property Taxes for Improvements within Industrial Reinvestment Zone, Number 042015-1, City of Sherman, Texas D. 2. RESOLUTION NO. 5968 Recognizing that the Portion of Highway named F.M. 1417, from U.S. Highway 75 to Old Luella Road, will be known as "Vietnam Veterans Parkway" D.