Legal Opinion

Ex Parte Dixon

Court of Appeals of Texas

Decided April 29, 1998No. 2-97-478-CRPublishedCited by 12 opinions

1Opinion of the Court

OPINION

DAY, Justice.

The sole issue in this appeal is whether double jeopardy bars retrying Appellant Bryant Dwayne Dixon for murder after the trial court granted Dixon’s motion for mistrial in the first proceeding. Because Dixon had the burden of proof at the habeas hearing to show that the mistrial was required and because we find that he failed to meet this burden, we affirm the trial court’s denial of his writ requesting habeas relief.

BACKGROUND

On November 24, 1998, Dixon allegedly shot and killed Charlie Jones, Jr. Hours after the shooting, Texas Department of Public Safety (DPS) Trooper…

2Cases cited17 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. Oregon v. KennedySupreme Court of the United States · 1982
  5. United States v. ScottSupreme Court of the United States · 1978

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3Cited by12 opinions

  1. Barnes v. StateCourt of Appeals of Texas · 2002
  2. Ex Parte WheelerCourt of Appeals of Texas · 2001
  3. Ex parte StormCourt of Appeals of Texas · 2000
  4. Byrd v. State, Texas Court of Appeals, 4th District (San Antonio)2010
  5. Byrd v. State, Texas Court of Appeals, 4th District (San Antonio)2010

7 more not listed; retrieve them via the Exa API.

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