Legal Opinion

Ex Parte Perusquia

Texas Court of Appeals, 4th District (San Antonio)

Decided February 22, 2011No. 04-10-00164-CRPublishedCited by 30 opinions

1Opinion of the Court

OPINION

Opinion by:

PHYLIS J. SPEEDLIN, Justice.

In this interlocutory appeal, Bernadette Perusquia contends the trial court erred in denying her pre-trial application for habe-as corpus relief because her retrial for murder is barred by double jeopardy. Specifically, Perusquia argues the trial court that presided over her trial abused its discretion by prematurely declaring a mistrial during the jury’s deliberations, over her objection and without manifest necessity; therefore, a retrial is barred by double jeopardy. Based on the record before us, we are unable to say the trial court abused its…

2Cases cited16 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. Oregon v. KennedySupreme Court of the United States · 1982
  4. Crist v. BretzSupreme Court of the United States · 1978
  5. Ex Parte LewisCourt of Criminal Appeals of Texas · 2007

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

3Cited by30 opinions

  1. Ex Parte Joseph Montano, Texas Court of Appeals, 1st District (Houston)2014
  2. Ex Parte Ronald Thompson, Texas Court of Appeals, 4th District (San Antonio)2013
  3. Peter Anthony Traylor v. StateCourt of Appeals of Texas · 2017
  4. Carter, Ex Parte Justin RiverCourt of Appeals of Texas · 2015
  5. Ex Parte Alejandro Rivera Saavedra v. the State of Texas, Texas Court of Appeals, 5th District (Dallas)2024

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

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