United States Fifth Circuit

The Texas Court of Criminal Appeals' retroactive application of a new judicial interpretation of Texas law, which shifted the burden of proof to the defendant to establish the statute of limitations as a defense, did not alter the definition of the crime of aggravated battery or "contradict" Supreme Court precedent in existence at the time of the decision.

Appellate Information

• Decided 03/12/2002
• Published 03/12/2002

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before KING, Chief Judge, and DAVIS and MAGILL, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael B. Charlton (argued), Houston, TX, for Petitioners-Appellants.


• For Appellees:
  
• Charles A. Palmer, Asst. Atty. Gen. (argued), Austin, TX, for Respondent-Appellee.