# Yorko v. State

> Court of Criminal Appeals of Texas · May 22, 1985 · 690 S.W.2d 260

URL: https://www.frixlaw.com/law-library/cases/9682452

## Case

- **Full name:** Kenneth Alan YORKO, Appellant, v. the STATE OF Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 22, 1985
- **Citations:** 690 S.W.2d 260; 1985 Tex. Crim. App. LEXIS 1395
- **Precedential status:** Published
- **Opinion:** Dissent by Miller
- **Judges:** Thomas G. Davis
- **Cited by:** 28 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/9682452

## How later opinions describe it (automated extraction)

- holding, based on Paris Adult Theatre I and Roth, that it is "appropriate for the State to act to protect the 'social interest in order and morality' or 'decency' ”
- holding, based on Paris Adult Theatre I and Roth, that it is Aappropriate for the State to act to protect the >social interest in order and morality= or >decency=@

## Opinion text

*274 MILLER, Judge,
dissenting.
Perhaps Mr. Justice Brennan has already said it all:
“Although there is a remote possibility that a given state court will be the first to discover a latent constitutional issue and to order redress if the issue is properly raised, it is far more likely that the court will fail to appreciate the claim and reject it out of hand.”
Mr. Justice Brennan in Reed v. Ross, — U.S. -, 104 S.Ct. 2901, 2910 , 82 L.Ed.2d 1 (1984).
I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9682452. Public record. Not legal advice.