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eBook details

• Title: C.E.J. v. State Texas
• Author : Supreme Court Of Utah
• Release Date : January 08, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

C.E.J., a minor, was convicted by a jury in the juvenile court of Dallas County for the offense of capital murder and committed to the Texas Youth Commission for thirty years with a transfer to the Texas Department of Corrections at age eighteen, pursuant to section 54.04(d)(3) of the Texas Family Code. C.E.J. appeals and asserts eight points of error as grounds for reversal. In his first, second, and third points, C.E.J. complains that his disposition judgment is void because sections 53.045 and 54.04(d)(3) of the Texas Family Code denied him due process and equal protection of the law and required him to answer for a criminal offense not based on an indictment by the grand jury in violation of the United States and Texas constitutions. In his fourth and fifth points, C.E.J. complains that the trial court erred in not suppressing his confession and the fruit thereof because he was not adequately warned of the consequences of making the statement and because the confession was the result of an illegal arrest. Finally, in his sixth, seventh, and eighth points, respectively, C.E.J. complains that he was denied effective assistance of counsel, that he was denied equal protection due to the systematic exclusion of blacks from the jury by the State, and that the trial court erred in not sustaining his objections to improper prosecutorial argument. Because we find that C.E.J.s seventh point concerning the States systematic exclusion of blacks from the jury is dispositive of this appeal, we do not reach his other points. See Smith v. State, 658 S.W.2d 172, 174 (Tex. Crim. App. 1983)(constitutionality of a statute not determined unless absolutely necessary to decide the case in which the issue is raised). We reverse the judgment of the trial court and remand the cause for a new trial.

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