Legal Opinion

Ex Parte Tamez

Texas Court of Appeals, 1st District (Houston)

Decided September 30, 1999No. 01-99-00047-CRPublishedCited by 12 opinions

1Opinion of the Court

OPINION

TIM TAFT, Justice.

Appellant, Eva Diana Tamez, is charged with six counts of aggravated perjury for alleged inconsistencies in her testimony during two separate murder trials. She filed pretrial writs of habeas corpus, claiming her prosecutions under sections 37.03 and 37.06 of the Texas Penal Code are barred by the statute of limitations. She asks us to reverse the trial court’s order denying habeas corpus relief. We affirm.

Jurisdiction

Pretrial writs for habeas corpus generally may not challenge an indictment except for instances of a void statute or to assert a statute of limitations…

2Cases cited10 opinions

  1. Toussie v. United StatesSupreme Court of the United States · 1970
  2. Proctor v. StateCourt of Criminal Appeals of Texas · 1998
  3. Pendergast v. United StatesSupreme Court of the United States · 1943
  4. Barnes v. StateCourt of Criminal Appeals of Texas · 1991
  5. Ex Parte MatthewsCourt of Criminal Appeals of Texas · 1996

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

3Cited by12 opinions

  1. Ex Parte TamezCourt of Criminal Appeals of Texas · 2001
  2. Ex parte WalshCourt of Appeals of Texas · 2017
  3. Marc Fantich v. State, Texas Court of Appeals, 12th District (Tyler)2013
  4. Dan Allen Compton v. State, Texas Court of Appeals, 12th District (Tyler)2006
  5. State v. Victor Manuel Schunior, Jr., Texas Court of Appeals, 4th District (San Antonio)2015

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

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