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Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations
Loaded on Feb. 15, 2021
by Douglas Ankney
published in Criminal Legal News
March, 2021, page 36
Filed under:
Sexually Dangerous Persons/Sexual Violent Predators,
Legal or Factual Challenges - assertion of.
Location:
Texas.
by Douglas Ankeny
The Supreme Court of Texas announced the standard governing factual-sufficiency review of a finding that a person is a sexually violent predator (“SVP”).
In 2004, Jeffery Lee Stoddard pleaded guilty to two counts of aggravated sexual assault of a child. He was scheduled to be released on ...
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More from this issue:
- Qualified Immunity - A Legal, Practical, and Moral Failure, by Jay Schweikert
- Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law, by Douglas Ankney
- Column: Raising Successful Federal Habeas Corpus Claims, by Dale Chappell
- Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points, by Anthony Accurso
- California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution, by Douglas Ankney
- Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government, by Matthew Clarke
- California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History, by Douglas Ankney
- Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief, by Dale Chappell
- Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant, by Douglas Ankney
- Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis, by Matthew Clarke
- North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire, by Douglas Ankney
- Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause, by Douglas Ankney
- Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment, by Douglas Ankney
- Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand, by David Reutter
- Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial, by Anthony Accurso
- Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force, by Anthony Accurso
- Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments, by Douglas Ankney
- Voters Speak: Dump Tough-On-Crime Prosecutors, Boost Police Oversight, by Dale Chappell
- Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations, by Douglas Ankney
- Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable, by Dale Chappell
- California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable, by Douglas Ankney
- ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit, by Derek Gilna
- North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error, by Douglas Ankney
- Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines, by Dale Chappell
- Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences, by Anthony Accurso
- San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab, by Derek Gilna
- Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial, by Douglas Ankney
- SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards, by Douglas Ankney
- First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c), by Dale Chappell
- Fatal Shootings by Police Rarely Prosecuted, by Jayson Hawkins
- Misinformation and the Carceral State, by Jayson Hawkins
- Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible, by Matthew Clarke
- A 22-Year-Long Path to Justice, by Jayson Hawkins
- Police Departments Buying Teslas, by Anthony Accurso
- Mens Rea: Criminal Liability Should Equal Criminal Intent, by Casey Bastian
- First Circuit: Rehaif Error Rendered Guilty Plea Invalid, by Dale Chappell
- Walter Forbes of Michigan Exonerated After 37 Years in Prison, by Kevin Bliss
- The Need for Legislation Governing Police Use of Robots, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
More from these topics:
- Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, Feb. 1, 2025. Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of.
- Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.
- $1.85 Million Approved for Tampa Man Wrongfully Imprisoned for 37 Years, Oct. 15, 2023. Settlements, Wrongful Conviction, Actual Innocence/Claim of Innocence, Legal or Factual Challenges - assertion of, HRDC Litigation.
- $500,000 Settlement for Texas Man Wrongly Imprisoned for Child Sex Abuse, July 15, 2023. Settlements, Wrongful Conviction, Sexually Dangerous Persons/Sexual Violent Predators.
- Proactive Online Stings Do Little to Protect Children, May 15, 2023. Internet, Police State-Surveillance, Sexually Dangerous Persons/Sexual Violent Predators.
- California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition, Jan. 15, 2023. Expert Witnesses, Mental Health, Sexually Dangerous Persons/Sexual Violent Predators.
- California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process, Aug. 15, 2022. Sexually Dangerous Persons/Sexual Violent Predators, Expert Witnesses/Testimony, Denial of Due Process.
- U.S. v. Mikutowicz, No. 02-2469 (1st Cir.) (365 F.3d 65) (April 22, 2004) (Judge Jeffrey R. Howard), May 1, 2004. Punch And Jurists, Legal or Factual Challenges - assertion of.
- U.S. v. Williams, No. 02-2928 (3rd Cir.) (344 F.3d 365) (September 18, 2003) (Judge Marjorie O. Rendell), Oct. 1, 2003. Punch And Jurists, Legal or Factual Challenges - assertion of.
- U.S. v. Washington, No. 02-20972 (5th Cir.) (340 F.3d 222) (July 24, 2003) (Judge F. A. Jr. Little), Sept. 1, 2003. Punch And Jurists, Legal or Factual Challenges - assertion of.