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Ex parte Chang

Court of Criminal Appeals of Texas.
Mar 23, 2016
485 S.W.3d 918 (Tex. Crim. App. 2016)

Opinion

NO. WR–82,712–01

03-23-2016

Ex parte Arthur Wing Hung Chang, Applicant

Don Hase, Arlington, TX, for Applicant. Steve W. Conder, District Attorney, Fort Worth, Texas, Lisa C. McMinn, State's Attorney, Austin, for The State.


Don Hase, Arlington, TX, for Applicant.

Steve W. Conder, District Attorney, Fort Worth, Texas, Lisa C. McMinn, State's Attorney, Austin, for The State.

Opinion

For majority opinion, see 2016 WL 1161092.

DISSENTING OPINION

Yeary, J., filed a dissenting opinion.

The Court today grants post-conviction habeas corpus relief on the grounds that Applicant was convicted under a statute that was later declared to be unconstitutionally overbroad, namely, Texas' improper photography statute. See Majority Opinion (granting relief based upon Ex parte Thompson, 442 S.W.3d 325 (Tex.Crim.App. 2014)). However, I believe the argument I made in my dissenting opinion in Ex parte Fournier, while addressing a different statute—Texas' Online Solicitation of a Minor statute—still applies to Applicant in this case. See Ex parte Fournier, 473 S.W.3d 789, 800–805 (Tex.Crim.App. 2015) (Yeary, J., dissenting) (arguing that the Court should not grant retroactive relief in post-conviction habeas corpus proceedings without deciding whether applicants who were convicted under a statute that has been held to be unconstitutionally overbroad should have to show that the statute was unconstitutional as applied to them). Therefore, I dissent for the reasons stated in my dissenting opinion in Fournier.


Summaries of

Ex parte Chang

Court of Criminal Appeals of Texas.
Mar 23, 2016
485 S.W.3d 918 (Tex. Crim. App. 2016)
Case details for

Ex parte Chang

Case Details

Full title:Ex parte Arthur Wing Hung Chang, Applicant

Court:Court of Criminal Appeals of Texas.

Date published: Mar 23, 2016

Citations

485 S.W.3d 918 (Tex. Crim. App. 2016)

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