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Roquemore v State

November 14, 2001
No. 722-00
Concurring opinion by Judge Holcomb
Links to other opinions in this case:
Majority opinion by Judge Price
Concurring opinion by Judge Womack
Dissenting opinion by Presiding Judge Keller


IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 722-00

HOWARD EARL ROQUEMORE, JR., Appellant

v.

THE STATE OF TEXAS

ON THE STATE’S PETITION FOR DISCRETIONARY

REVIEW FROM THE FIRST COURT OF APPEALS

HARRIS COUNTY

Holcomb, J., filed a concurring opinion.

OPINION

The majority opinion states that we have “clear[ly]” “established a policy of strict compliance with the Family Code” and states further that we will “continue to require strict compliance with the Family Code.” I am uncertain why these statements were included in the majority opinion or what these statements really mean. Neither of the cases relied on by the majority even mentioned “strict compliance,” much less “clearly” established a policy of “strict compliance.” See Baptist Vie Le v. State, 993 S.W.2d 650 (Tex.Crim.App. 1999), and Comer v. State, 776 S.W.2d 191 (Tex.Crim.App. 1989). In Baptist Vie Le, we did “remind police officers of the Family Code’s strict requirements.” Baptist Vie Le, 993 S.W.2d at 655. However, we certainly did not mean to imply that some laws should be enforced more strictly than others. All laws enacted by the Legislature are of equal dignity and deserve equal enforcement. Hence, it is clearly wrong to suggest that this Court can choose which laws require more (or less) compliance. With these comments, I respectfully join the opinion of the Court.

DELIVERED NOVEMBER 14, 2001

PUBLISH


This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors.

Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
Casenotes Listing Table of Recent Opinions
Send your comments or suggestions to fei@bakers-legal-pages.com
© 2001 Lang Baker