Court of Criminal Appeals of Texas

Ex Parte Richard Groves

October 4, 19781978 Tex. Crim. App. LEXIS 1283

Summary

The Court affirmed the trial court's denial of a writ of habeas corpus, holding that Texas Penal Code §21.09 does not violate the Equal Protection Clause because, under the Code Construction Act, gendered terms are interpreted to include both sexes and the statute is rationally related to a legitimate state interest. The opinion also declined to entertain the habeas petition as a substitute for a direct appeal.