Legal Opinion

Biancalana, Joseph Agostino Iv

Court of Criminal Appeals of Texas

Decided March 17, 2021No. WR-92,181-01Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-92,181-01 Ex Parte JOSEPH AGOSTINO BIANCALANA, IV, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. A18719-1 IN THE 216TH DISTRICT COURT FROM KERR COUNTY K ELLER, P.J., filed a concurring opinion in which H ERVEY and S LAUGHTER, JJ., joined. Often, when multiple convictions are the subject of a package deal, an error or defect on one of the convictions requires that the entire deal be undone.1 But the present case illustrates that such a result is not always required. Here, a double-jeopardy violation requires that one of the…

2Cases cited4 opinions

  1. Waller v. FloridaSupreme Court of the United States · 1970
  2. Marascio, Eric ReedCourt of Criminal Appeals of Texas · 2015
  3. Cox, Gilmore FranklinCourt of Criminal Appeals of Texas · 2016
  4. Ex parte St. AubinCourt of Criminal Appeals of Texas · 2017

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