Legal Opinion

Traylor, Peter Anthony

Court of Criminal Appeals of Texas

Decided November 7, 2018No. PD-0967-17PublishedCited by 10 opinions

Newell, J., delivered the opinion for a unanimous Court.

1Opinion of the Court

During Appellant's trial for first-degree burglary with a deadly weapon, the jury sent out a note stating that it unanimously agreed that Appellant was not guilty of the offense. However, the jury also indicated in this note that it was deadlocked on the issue of guilt for the lesser-included offense of burglary without a deadly weapon. The trial court instructed the jury to keep deliberating and ultimately declared a mistrial when the jury could not reach a unanimous decision. This appeal requires us to decide whether the jury's initial note was a final verdict of acquittal on the charged…

2Cases cited15 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. Wade v. HunterSupreme Court of the United States · 1949
  4. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  5. Bigon v. StateCourt of Criminal Appeals of Texas · 2008

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3Cited by10 opinions

  1. People v. ArandaCalifornia Supreme Court · 2019
  2. Ex Parte Anthony Jordan Patterson v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2024
  3. Jonathan Matthew Maldonado v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2021
  4. Kenton Fryer v. State, Texas Court of Appeals, 14th District (Houston)2019
  5. Matthew Dewon Wilson v. the State of Texas, Texas Court of Appeals, 7th District (Amarillo)2025

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