[DOWNLOAD] "Charles Richard Kemner v. State Texas" by Court of Criminal Appeals of Texas No. 55786 " eBook PDF Kindle ePub Free
eBook details
- Title: Charles Richard Kemner v. State Texas
- Author : Court of Criminal Appeals of Texas No. 55786
- Release Date : January 28, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Opinion ON APPELLANT'S MOTION FOR REHEARING Kemner was convicted of possession of marihuana. Leave to file the motion for rehearing was granted to determine if Arkansas v. Sanders, 442 U.S. 753, 99 S. Ct. 2586, 61 L. Ed. 2d 235 (1979), requires us to hold that United States v. Chadwick, 433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. 2d 538 (1977), is to be applied retroactively. Arkansas v. Sanders, supra, did not address the issue of the retroactive effect of United States v. Chadwick, supra. Sanders was arrested in April, 1976. After his conviction in 1976, Chadwick was decided by the Supreme Court in 1977. Based on the holding of Chadwick, the Supreme Court of Arkansas reversed Sanders' conviction. Sanders v. State, 262 Ark. 595, 559 S.W.2d 704 (1977). Writ of certiorari to the Arkansas Supreme Court was granted in 1978. (439 U.S. 891, 99 S. Ct. 247, 58 L. Ed. 2d 236).