Ex parte Kenneth Jaye McClellan (original by judge hervey)Annotate this Case
Kenneth Jaye McClellan pled guilty to online solicitation of a minor under fourteen years of age pursuant to the pre-2015 version of the statute. He was sentenced to three years’ confinement and was required to register as a sex offender for 10 years. He did not appeal his conviction, but later filed a post-conviction application for a writ of habeas corpus arguing that the statute under which he was convicted was facially unconstitutional. Since the Texas Court of Criminal Appeals filed and set this case for review, it decided Ex parte Ingram v. Texas, PD-0578-16 (Tex. Crim. App. June 28, 2017), in which the Court held the pre-2015 version of the online-solicitation-of-a-minor statute was facially constitutional. In light of that holding, the Court did not address the issue of whether McClellan could raise a facial challenge to the online-solicitation-of-a-minor statute under which he was convicted for the first time post-conviction. Even if McClellan were permitted to challenge the facial validity of the definition of “minor” and the anti-defensive provisions in the online-solicitation-of-a-minor statute for the first time on post-conviction habeas, his claims would fail. Therefore, the Court denied relief.