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Great (and Important) Decision by Texas Court of Criminal appeals

The full article can be read at .

The Texas Court of Criminal Appeals, known for its ultra-conservative and ultra-ULTRA pro prosecution stance has surprised many criminal defense attorneys by rendering an excellent well reasoned opinion in a case involving a parolee who, after 15 months of exemplary conduct on parole, had sex offender conditions added to his requirement based on the whim of a parole officer despite the fact that he had not been convicted of a sex crime.

The parolee soon lost his job due to not being able to get to work (restrictions kept him from driving through school zones, among other things) and his parole was revoked.

The Texas CCA agreed with the trial court that imposing these kinds of conditions without the chance for a full hearing was a constitutional violation.

This case could have far reaching impact as the impositions of these conditions on probationers and parolees solely because the officer sees fit to do so is a semi-common practice in Texas and there are likely a lot of people currently in jails and prison who shouldn’t be.

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