Legal Opinion

McBride v. State

Texas Court of Appeals, 3rd District (Austin)

Decided December 5, 2002No. 03-02-00185-CVPublishedCited by 35 opinions

1Opinion of the Court

MACK KIDD, Justice.

Kirk Wayne McBride appeals from the district court’s order dismissing his petition for audita querela relief. By this petition, McBride sought to collaterally attack his conviction for aggravated sexual assault in Comal County cause number CR95 129, for which he is now serving a ninety-nine-year prison sentence, on the ground that the prosecution was barred by the statute of limitations. The district court dismissed the action pursuant to civil practice and remedies code sections 14.003, 14.005, and 14.006(f). Tex. Civ. Prac. & Rem.Code Ann. §§ 14.003, .005, .006(f) (West…

2Cases cited8 opinions

  1. Ex Parte AdamsCourt of Criminal Appeals of Texas · 1989
  2. Van Hoang v. StateCourt of Criminal Appeals of Texas · 1993
  3. United States v. BandaCourt of Appeals for the Fifth Circuit · 1993
  4. Ex Parte BrownCourt of Criminal Appeals of Texas · 1983
  5. United States v. Jorge L. ReyesCourt of Appeals for the Fifth Circuit · 1991

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

3Cited by35 opinions

  1. In Re Harrison, Texas Court of Appeals, 6th District (Texarkana)2006
  2. Decker v. DunbarDistrict Court, E.D. Texas · 2008
  3. Joshua Luttrell, Andrew Davis, Moises Roman, Joe Rodriguez And on Behalf of All Other Persons Similarly Situated v. El Paso County, Texas Court of Appeals, 8th District (El Paso)2018
  4. Andy DeWayne Posey v. State, Texas Court of Appeals, 7th District (Amarillo)2005
  5. Edward B. Lyon, Jr. v. State, Texas Court of Appeals, 6th District (Texarkana)2006

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

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