Legal Opinion

In Re Dacus

Texas Court of Appeals, 2nd District (Fort Worth)

Decided April 4, 2011No. 02-10-00420-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

ANNE GARDNER, Justice.

Relator Billy Earl Dacus seeks writs of mandamus and prohibition directing the Honorable Carmen Rivera-Worley of the 16th Judicial District Court of Denton County, Texas, to dismiss with prejudice the State’s 2008 indictment charging him with murder. The State is the real party in interest. Relator asserts that the prohibition against double jeopardy and the Interstate Agreement on Detainers Act (IADA) precludes the State from pursuing this murder charge. The State filed a response in opposition. Based on the filings before us, 1 we conditionally grant Relator…

2Cases cited29 opinions

  1. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  2. State ex rel. Young v. Sixth Judicial District Court of Appeals at TexarkanaCourt of Criminal Appeals of Texas · 2007
  3. Ex Parte TorresCourt of Criminal Appeals of Texas · 1997
  4. United States v. MauroSupreme Court of the United States · 1978
  5. Cuyler v. AdamsSupreme Court of the United States · 1981

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3Cited by15 opinions

  1. State v. Earl Scott Chesnut, Texas Court of Appeals, 6th District (Texarkana)2014
  2. the Board of Trustees of the Houston Firefighters' Relief and Retirement Fund v. the City of Houston, TexasCourt of Appeals of Texas · 2015
  3. Dominique Dontae Lasker v. State, Texas Court of Appeals, 1st District (Houston)2019
  4. Ex Parte Jorge Favian Dominguez Ortiz, Texas Court of Appeals, 4th District (San Antonio)2023
  5. Ex Parte Jorge Favian Dominguez Ortiz, Texas Court of Appeals, 4th District (San Antonio)2022

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