Wednesday, January 18th, 2017

CA5 on Crime of Violence: Rodriguez v. Holder

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"[T]he issue before this court is whether a conviction under section 22.011(a)(1) of the Texas Penal Code is categorically a crime of violence under § 16(b), and we must determine “whether the crime inherently involves a substantial risk that intentional physical force may be used in the commission of the crime” to answer that question.  Section 16(b) encompasses crimes that, while capable of being committed without the use of physical force, always entail a substantial risk that physical force—defined  as  “destructive  or  violent force”—may be used.  Rodriguez argues that two of the actions deemed to be “without  consent” in section 22.011(a)(1)—where a mental health worker  or clergyman exploits the emotional dependency of the victim—do not constitute crimes of violence.  We agree. ... Section 16 “has both  criminal  and  noncriminal  applications