Legal Opinion
Lewis, Ex Parte Swanda Marie
Court of Criminal Appeals of Texas
Decided January 10, 2007No. PD-0577-05Published
1Opinion of the Court
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0577-05
EX PARTE SWANDA MARIE LEWIS, Appellant
ON STATE'S PETITION FOR DISCRETIONARY REVIEW
FROM THE SECOND
COURT OF APPEALS
TARRANT COUNTY
Price, J., filed a dissenting opinion in which Meyers and Holcomb, JJ., joined.
DISSENTING OPINION
I agree that Article I, Section 14 of the Texas Constitution has been, and should continue to be, read to apply in the mistrial setting. I therefore agree with Parts I through III of the Court's opinion. I disagree, however, that any of the justifications for ignoring stare decisis apply to support overruling Bauder v.…
2Cases cited24 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Oregon v. KennedySupreme Court of the United States · 1982
- Dickerson v. United StatesSupreme Court of the United States · 2000
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