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John Chambers v. Texas
Paid petition · Court of Appeals of Texas, Thirteenth District, No. 13-16-00079-CR · judgment April 9, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Court of Appeals violated the Due Process Clause of the Fourteenth Amendment by making an unforeseeable and retroactive judicial expansion of the Texas Tampering With a Governmental Record statute.
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The Texas Tampering with a Governmental Record Statute contains a statutory defense to prosecution that requires acquittal if the false entry could have no effect on the government’s purpose for requiring the record. As a matter of law, the government had no legal right to or purpose for the records at issue. By concluding that the evidence was nevertheless legally sufficient, the did the Court of Appeals violate the Due Process Clause of the Fourteenth Amendment by impermissibly shifting the burden of proof on an essential element of the defense to the accused?
Counsel of record
For petitioner
John Torrey Hunter
Hunter, Lane & Jampala
For respondent
Samuel Benjamin Katz
Cameron County District Attorney's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 07 2021Petition DENIED.
- May 18 2021DISTRIBUTED for Conference of 6/3/2021.
- Apr 28 2021Brief of respondent State of Texas in opposition filed.
- Mar 29 2021Petition for a writ of certiorari filed. (Response due April 30, 2021)