Legal Opinion

Ex Parte Quirke

Court of Criminal Appeals of Texas

Decided January 15, 1986No. 69384PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WHITE, Judge.

This is a post-conviction application for writ of habeas corpus brought pursuant to Art. 11.07, V.A.C.C.P.

Applicant was originally convicted of burglary of a habitation in Harris County on July 6,1976. The jury found that applicant had two prior final felony convictions, and the court assessed his punishment at life. See V.T.C.A., Penal Code Sec. 12.42(d) (1974). 1

It was later determined that one of the convictions used to enhance applicant’s primary case was void because of a fatally defective indictment. 2 Applicant was granted an out of time motion for a new trial. At…

2Cases cited16 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Greene v. MasseySupreme Court of the United States · 1978
  3. Bullington v. MissouriSupreme Court of the United States · 1981
  4. First Alabama Bank of Montgomery, N.A. v. MartinSupreme Court of the United States · 1983
  5. Cooper v. StateCourt of Criminal Appeals of Texas · 1982

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

3Cited by10 opinions

  1. Bell v. StateCourt of Criminal Appeals of Texas · 1999
  2. Ex Parte SewellCourt of Criminal Appeals of Texas · 1987
  3. Sanchez v. StateCourt of Appeals of Texas · 1995
  4. Taylor v. State, Texas Court of Appeals, 1st District (Houston)1988
  5. Nassar v. State, Texas Court of Appeals, 13th District1990

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

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