Legal Opinion

Ex parte Macias

Court of Criminal Appeals of Texas

Decided November 1, 2017No. PD-0480-17PublishedCited by 66 opinions

1Opinion of the CourtKeller, P.J.

The trial court granted a motion to suppress evidence, and the State appealed. After the court of appeals handed down its opinion on the State's appeal, but before mandate issued, a trial occurred. The trial was terminated by the trial court when the State discovered that the appellate mandate had not yet issued. The question before us is: Did the trial court have jurisdiction to conduct the trial? We answer that question "no," because the appellate mandate had not yet issued. We reverse the judgment of the court of appeals.

I. BACKGROUND

Appellant was charged with committing family-violence…

2Cases cited13 opinions

  1. United States v. BallSupreme Court of the United States · 1896
  2. Illinois v. SomervilleSupreme Court of the United States · 1973
  3. Serfass v. United StatesSupreme Court of the United States · 1975
  4. Prystash v. StateCourt of Criminal Appeals of Texas · 1999
  5. Kepner v. United StatesSupreme Court of the United States · 1904

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3Cited by66 opinions

  1. in Re State of Texas Ex Rel. David Escamilla, Travis County Attorney, Texas Court of Appeals, 3rd District (Austin)2018
  2. Ex Parte Eddie Thomas Chapa, Texas Court of Appeals, 3rd District (Austin)2018
  3. Ex Parte Eddie Thomas Chapa, Texas Court of Appeals, 3rd District (Austin)2018
  4. Luis E. Class v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2021
  5. SINCLAIR, EX PARTE CHESTER v. the State of TexasCourt of Criminal Appeals of Texas · 2024

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

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