Introduction to Legal Analysis and Writing
December 12, 2012
The case study references one state statute. Identify it and explain what it prohibits. The case study is: 42.09(a)(3) of the Texas Penal Code.
The Texas Penal Code for 42.09(a)(3) is the desecration of a venerated object.
(a) A person commits an offense if he intentionally or knowingly desecrates: (1) a public monument;
(2) a place of worship or burial; or
(3) a state or national flag.
(b) For purposes of this section, "desecrate" means deface, damage, or otherwise physically mistreat in a way that the actor knows will seriously offend one or more persons likely to observe or discover his action. (c) An offense under this section is a Class A misdemeanor. (http://www.law.cornell.edu/supct/html/historics/USSC_CR_0491_0397_ZO.html#491_US_397n1) 2.
Which branch of government (executive, judicial, or legislative) created the state statute? The legislative branch is the one that created the state statute. 3.
The passage above also discusses one court case. Who were the parties involved in the case?
The parties that were involved was the State of Texas and Gregory Johnson 4.
The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority.
Highest authority was the, The Texas Court of Criminal Appeals Middle authority was the, The Texas Court of Appeals, Fifth District Lowest authority was the, Dallas County Criminal Court.
Provide the citation for the United States Supreme Court’s decision in this case.
Texas V. Johnson, 491 U.S. 397 (1989)
What effect did the United States Supreme Court’s decision have on the Texas statute? The decision that the United States Supreme Court had said that...
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