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State v. Walker
Texas Court of Appeals
195 S.W.3d 293 (2006)
- Written by Kelli Lanski, JD
Facts
Dennis Howard Walker (defendant) was charged with violating a Texas law requiring zoning approval to record real property in the county clerk’s office. Walker filed a motion to quash the indictment for failing to allege a culpable mental state. The state argued that it was required to plead a culpable mental state because the applicable statute did not include a culpable mental state as a part of the offense. The court agreed with Walker, ruling that there was a presumption against strict-liability offenses in Texas, particularly if the offense was punishable by jail time. The state appealed.
Rule of Law
Issue
Holding and Reasoning (Griffith, J.)
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