Legal Opinion

McCall v. Dretke

Court of Appeals for the Fifth Circuit

Decided November 3, 2004No. 03-50804PublishedCited by 23 opinions

1Opinion of the Court

PRADO, Circuit Judge:

On May 4, 2000, William McCall pleaded guilty to felony driving while intoxicated (“DWI”) in violation of Tex. Penal Code § 49.09(b). He was sentenced to ten years in prison. The charge against McCall was elevated from a misdemeanor DWI to a felony DWI because he had been convicted of previous DWI offenses in 1994 and in 1997. 1 In prison, McCall was notified that the Texas Board of Pardons and Parole (“Board”) intended to apply a 1996 sentencing statute, Tex. Gov’t Code § 508.149, to him. He petitioned the district court for habeas relief, arguing that the 1996…

2Cases cited17 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
  4. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  5. California Department of Corrections v. MoralesSupreme Court of the United States · 1995

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

3Cited by23 opinions

  1. Texas Democratic Party v. BenkiserCourt of Appeals for the Fifth Circuit · 2006
  2. Kittelson v. DretkeCourt of Appeals for the Fifth Circuit · 2005
  3. Bradley Register v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2012
  4. BAC Home Loans Servicing, LP v. Texas Realty Holdings, LLCDistrict Court, S.D. Texas · 2012
  5. Tennard v. DretkeCourt of Appeals for the Fifth Circuit · 2006

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

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