SMITH COUNTY, Texas — A judge on Wednesday denied a request to void the prostitution indictment made against Smith County Precinct 2 constable Joshua Black, who is accused of offering to provide a woman with supervised visitation services in exchange for sexual favors.
Black was indicted on Nov. 5, 2020, for accusations of official oppression and prostitution for events that allegedly occurred on July 31 last year. He is charged with prostitution in the Smith County Court at Law No. 2 and oppression in the 114th District Court.
Smith County Court at Law No. 2 Judge Taylor Heaton on Monday denied the defense's writ of habeas corpus, which is a way of attempting to report unlawful detention. He also said the trial for the prostitution charge would begin Monday with jury selection.
In her filing and court arguments, Black’s attorney Mishae Boren said the section of the Texas Penal Code that makes prostitution illegal violates the First, Fifth, Sixth and Fourteenth Amendments of the U.S. Constitution, including the right to due process, right to privacy, and freedoms of speech and association.
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