Legal Opinion

Ex Parte Octabiano CANTU, Jr.

Texas Court of Appeals, 13th District

Decided November 6, 2003No. 13-03-00003-CRPublishedCited by 7 opinions

1Opinion of the Court

*520OPINION

Opinion by

Justice GARZA.

Appellant, Octabiano Cantu, Jr., challenges the trial court’s denial of relief on his petition for a writ of habeas corpus. Appellant currently stands indicted for aggravated sexual assault on a child,1 but he claims that in an earlier trial, he was acquitted of the offense giving rise to the indictment. In a pre-trial habeas corpus petition, appellant asked the trial court to bar the State from prosecuting him for aggravated sexual assault on the grounds that it would constitute double jeopardy.2 The court held a habeas hearing but ultimately denied relief.…

2Cases cited11 opinions

  1. Crist v. BretzSupreme Court of the United States · 1978
  2. Downum v. United StatesSupreme Court of the United States · 1963
  3. Richardson v. United StatesSupreme Court of the United States · 1984
  4. Ex Parte PrestonCourt of Criminal Appeals of Texas · 1992
  5. Ex Parte ScellesCourt of Criminal Appeals of Texas · 1974

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3Cited by7 opinions

  1. Peter Anthony Traylor v. StateCourt of Appeals of Texas · 2017
  2. State v. MaldonadoCourt of Appeals of Texas · 2017
  3. Randal David Pepper v. State, Texas Court of Appeals, 3rd District (Austin)2011
  4. Raymond Luis Hooker v. State, Texas Court of Appeals, 1st District (Houston)2008
  5. Sammie Lee Ford Jr. v. State, Texas Court of Appeals, 3rd District (Austin)2011

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