State v. Markovich

In State v. Markovich, 77 S.W.3d 274, 282 (Tex. Crim. App. 2002), the Court noted that Justice Holmes wrote long ago that "a statute must be construed, if fairly possible, so as to avoid not only the conclusion that it is unconstitutional but also grave doubts upon that score." We should follow this canon out of respect for our Legislature, "which we assume legislates in the light of constitutional limitations." This doctrine seeks "to minimize disagreement between the Branches by preserving ... legislative enactments that might otherwise founder on constitutional objections."