Opinion

Ex Parte Morales

  • 212 S.W.3d 483
  • 2006 WL 2032487
Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Feb 7, 2007
Status
Published
Author
Patterson
On the bench
Law, Patterson, Pemberton
Cited by
57 cases

finding a statute that criminalized sexual conduct between a dormitory residential advisor and a student over the age of majority should be reviewed under a rational basis standard, which it met

How later courts described this case

  • finding a statute that criminalized sexual conduct between a dormitory residential advisor and a student over the age of majority should be reviewed under a rational basis standard, which it met
  • observing, in context of novel constitutional challenge to Penal Code Section 21.12, that “as an intermediate state appellate court, we must . . . defer to the authoritative pronouncements of higher courts that currently define the scope of the constitutional principles we apply here” (citing Petco Animal Supplies, Inc. v. Schuster, 144 S.W.3d 554 , 564–65 (Tex. App.—Austin 2004, no pet.))
  • recognizing that students are particularly vulnerable to teachers’ misuse of the “great trust and confidence [placed in educators] by the school, parents, and public.”
  • explaining that equal protection clause requires that " ‘all persons similarly situated shall be treated alike’ under the law”

Written by the judges who cited it.

The opinion

JAN P. PATTERSON, Justice,

concurring.

Because I cannot join in the breadth of the majority opinion, I concur in the judgment only.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.