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· 9/14/2023

Untitled Texas Attorney General Opinion: AC-0005

Syllabus

Pursuant to section 418.012 of the Government Code, executive orders issued by the Governor pursuant to his emergency powers under chapter 418 have the force and effect of law. The Penal Code defines \law\ to include a rule authorized by and lawfully adopted under a statute. A court is therefore likely to conclude that executive orders authorized by and lawfully adopted pursuant to the Governor's statutory emergency powers constitute \laws\ for purposes of subsection 1.07(a)(30) of the Penal Code.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where circumstances suggested need for voir dire to include questioning about racial prejudice such questioning must be permitted
  • holding that voir dire concerning racial prejudice can be required as an exercise of supervisory authority
  • holding that a defendant is not always entitled “to have questions posed during [v]oir dire specifically directed to matters that conceivably might prejudice veniremen against him”
  • concluding that specific questioning about racial bias was not necessary where the particular circumstances of. the case “did not suggest a significant likelihood that racial prejudice might infect [the] trial”
  • holding that specific questions regarding racial bias were not necessary when the circumstances of the case “did not suggest a significant likelihood that racial prejudice might infect [the] trial.”
  • explaining that the requirement applies only if there is a “constitutionally significant likelihood that, absent questioning about racial prejudice, the jurors would not be [impartial]”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.