Legal Opinion

State v. Akin

Court of Appeals of Texas

Decided February 4, 2016No. NUMBER 13-15-00076-CRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

Opinion by

Justice Rodriguez

A grand jury indicted appellee Matthew Akin for injury to a disabled individual, a third-degree felony. See Tex. Penal Code Ann. § 22.04 (West,~Westlaw through 2015 *261R.S.). In response, Akin filed a combined application for writ of habeas corpus and motion to dismiss the indictment. Akin noted that a prior administrative hearing on the same conduct found he committed no wrongdoing, and argued that this hearing triggered double jeopardy and collateral estoppel so as to bar the subsequent felony prosecution. The trial court agreed and dismissed the indictment.

By…

2Cases cited28 opinions

  1. United States v. DixonSupreme Court of the United States · 1993
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. Hudson v. United StatesSupreme Court of the United States · 1997
  4. Helvering v. MitchellSupreme Court of the United States · 1938
  5. Breed v. JonesSupreme Court of the United States · 1975

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3Cited by2 opinions

  1. Ex Parte Maria Cervantes Martinez, Texas Court of Appeals, 10th District (Waco)2022
  2. Ramiro Garcia Lopez Jr. v. State, Texas Court of Appeals, 13th District2019

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