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State v. Stephens

2021 WL 5917198 (2021)

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State v. Stephens

Texas Criminal Court of Appeals
2021 WL 5917198 (2021)

SC

Facts

The Texas Rangers investigated Zena Stephens (defendant) for violations of campaign-finance laws after her election to county sheriff. Pursuant to state law, the Rangers referred the investigation to the Texas attorney general for prosecution. The state law gave the attorney general the authority to prosecute election-law violations. The attorney general prosecuted the case before a grand jury, and Stephens was indicted. Stephens challenged the indictment, arguing that the separation-of-powers provision in the Texas Constitution prohibited the attorney general, a member of the executive branch, from prosecuting a criminal offense. The district court agreed and quashed the indictment. The court of appeals reversed. Stephens appealed.

Rule of Law

Issue

Holding and Reasoning (McClure, J.)

Dissent (Yeary, J.)

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Casebooks

Comparative Constitutional Law

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