Admin at 15:28, October 27, 2025

2025-10-27T15:28:09Z

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			[[Category:Criminal Procedure]]
	[[Category:TxCon ArtV Sec]]		[[Category:TxCon ArtV Sec]]

imported>Admin at 14:13, October 27, 2022

2022-10-27T14:13:00Z

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{{DISPLAYTITLE:Article V, Section 26 of the Texas Constitution (''<small>"Appeal by State in Criminal Cases"</small>'')}}{{Texas Constitution|text=As amended November 3, 1987:

'''The State is entitled to appeal in criminal cases, as authorized by general law.'''

|editor=

As adopted in 1876, this section read: "The State shall have no right of appeal in criminal cases." It has been amended once.

General law enacted under this section must be read together with Article I, Section [[Texas Constitution:Article I, Section 14|14]], the state's double jeopardy provision.

|other=

None.

|recent=

* ''Saldano v. State'', 70 S.W.3d 873, [https://scholar.google.com/scholar_case?case=17727822879463382887#p883 883] (Tex.Crim.App. 2002) ("The language and the history of the constitutional and statutory provisions that create and regulate the attorney general, the district attorneys, and the county attorneys are clear. They expressly give district attorneys and county attorneys general authority to represent the State in appeals of criminal cases. They express no authority for the attorney general to represent the State in criminal cases without the request of a district or county attorney. The tradition of the attorney general's representation of the State on certiorari proceedings in criminal cases cannot provide authority that the law does not.")

|historic=

* ''Faulder v. State'', 612 S.W.2d 512, [https://scholar.google.com/scholar_case?case=16609672642146057195#p514 514-15] (Tex.Crim.App. 1980) ("As such, it is addressed to the derivation, characteristics, and internal relations of that system, and does not speak to the relation of that system or a part of that system to entities beyond, such as the federal judiciary. In this context, we construe the outer limits of the prohibition of Section 26 to be a restriction on the permissible operations within the Texas judicial system. This holding . . . is sufficient to support our conclusion that no violation of that provision would occur by respondent filing application for writ of certiorari in the Supreme Court to review our decision in appellant-relator's case.")

}}

[[Category:TxCon ArtV Sec]]

Texas Constitution:Article V, Section 26 - Revision history

Admin at 15:28, October 27, 2025

imported>Admin at 14:13, October 27, 2022