Opinion

Hernandez v. State

  • 613 S.W.2d 287
  • 1981 Tex. Crim. App. LEXIS 947
Court
Court of Criminal Appeals of Texas
Filed
Mar 25, 1981
Status
Published
Author
Roberts
On the bench
Odom, Roberts, Onion, Douglas, Davis
Cited by
18 cases
Authority
More cited than 8.1%

condition of probation that the defendant return to Mexico was invaHd and revocation of probation for violation of the invaHd condition was an abuse of discretion

How later courts described this case

  • condition of probation that the defendant return to Mexico was invaHd and revocation of probation for violation of the invaHd condition was an abuse of discretion
  • the Supremacy Clause of the United States Constitution dictates that federal immigration law, not a trial court’s decision, governs an immigrant’s right to remain in or to reenter the United States
  • “The supremacy clause of the United States Constitution dictates that federal immigration law, not the decision of the trial court in this case, controls the circumstances under which appellant may or may not re-enter the United States.”
  • “ ‘The passage of laws which concern the admission of citizens and subjects of foreign nations to our shores belongs to Congress, and not to the States.’ ” (Citation omitted.)

Written by the judges who cited it.

The opinion

CONCURRING OPINION

ROBERTS, Judge.

I join the court’s opinion on the federal question. I also would hold that these conditions of probation violated Article 1, Section 20, of the Texas Constitution: “[N]or shall any person be transported out of the State for any offence committed within the same.” Reza v. State, 608 S.W.2d 688, 690 (Tex.Cr.App.1980) (Roberts, J., concurring).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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