Legal Opinion

Ex Parte: Rush Miller Herrington

Texas Court of Appeals, 12th District (Tyler)

Decided March 23, 2022No. 12-21-00168-CRPublished

1Opinion of the Court

NO. 12-21-00168-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS § APPEAL FROM THE EX PARTE: § COUNTY COURT RUSH MILLER HERRINGTON § ANDERSON COUNTY, TEXAS OPINION Rush Miller Herrington appeals the trial court’s denial of his pretrial application for a writ of habeas corpus based on the double jeopardy doctrine. We reverse and remand. BACKGROUND Appellant was charged by information with driving while intoxicated, first offense, on March 21, 2019. On June 29, the matter was called for trial announcements. Both Appellant and the State announced “ready.” Voir dire was…

2Cases cited10 opinions

  1. Wade v. HunterSupreme Court of the United States · 1949
  2. Downum v. United StatesSupreme Court of the United States · 1963
  3. Cornero v. United StatesCourt of Appeals for the Ninth Circuit · 1931
  4. Ex Parte LittleCourt of Criminal Appeals of Texas · 1994
  5. Ex Parte FierroCourt of Criminal Appeals of Texas · 2002

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