# Adley v. State

> Court of Criminal Appeals of Texas · November 6, 1985 · 718 S.W.2d 682

URL: https://www.frixlaw.com/law-library/cases/9678229

## Case

- **Full name:** Ronald Gerald ADLEY, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 6, 1985
- **Citations:** 718 S.W.2d 682; 1985 Tex. Crim. App. LEXIS 1735
- **Precedential status:** Published
- **Opinion:** Dissent by Clinton
- **Judges:** Campbell, White, Clinton, McCor-mick
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9678229

## Opinion text

CLINTON, Judge,
dissenting.
In the petition for discretionary review we granted, appellant charges that the court of appeals ignored the crux of his contention concerning statutory construction and, instead, “answered an argument which the appellant never advanced (i.e., that § 47.03(a)(2) was unconstitutionally vague).” Petition, at 4. As I read the *686 opinion of the court of appeals, the court overruled his ground of error complaining that the trial court erred in denying his motion to quash the indictment on grounds that its allegations are vague and ambiguous. It did not decide that the statute is constitutional. Adley v. State, 675 S.W.2d 240 (Tex.App.—Dallas 1984).
Traditionally, the last action this Court or any other judicious appellate court will take is to address a claim that a statute is unconstitutional. Of course we are presently witnessing that tradition being breached by expedient sua sponte attacks on legislative acts in disfavor, but still cling to the hope that they are but expressions of the moment, ending when the particular job is done.
Adhering to the traditional approach in deciding questions of constitutionality of statutes, I respectfully dissent.
State's motion for rehearing on petition for discretionary review denied.
CLINTON, J. dissents joined by McCOR-MICK, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9678229. Public record. Not legal advice.