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Criminal Law

: Grits for Breakfast

Prosecutorial palavers about dildos, unhackable passwords, bogus forensics and copper theft

By Gritsforbreakfast

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I hadn't visited the Texas prosecutors association message board in a while, and doing so today found several interesting goodies there:One less felony on the books: Texas ban on sex toys struck downI've mentioned before that Texas had 2,324 separate felonies on the books, but as of yesterday the new number is 2,323. Via this post, we learn that the 5th Circuit struck down Texas' statute criminalizing the sale of sex toys. See the 5th Circuit opinion, which relies primarily on the 14th Amendment as explicated in two landmark cases - Griswold v. Connecticut and Lawrence v. Texas - to determine that the state could not prohibit the toys' sale. From a distance this looks like quite a shift for the 5th Circuit, which at times has seemed barely aware of either the 14th Amendment or this line of cases...continue to full post

Full post as published by Grits for Breakfast on February 14, 2008 (boomark / email).

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