Legal Opinion
Ortega v. State
Court of Criminal Appeals of Texas
Decided September 14, 2005No. PD-0819-04PublishedCited by 63 opinions
1Opinion of the CourtWomack, J.
in which KELLER, P.J., and JOHNSON, KEASLER, HERVEY and HOLCOMB, JJ., joined.
The issue in this case is whether a trial for assault of a public servant, after the defendant had been tried for resisting an *896arrest by the same public servant, denied the defendant Due Process of Law by violating the Double Jeopardy Clause of the Fifth Amendment (“No person shall ... be subject for the same offence to be twice put in jeopardy of life or limb”). We hold that the offenses were not “the same of-fence” under the Double Jeopardy Clause.
The indictment for assault of a public servant alleged that on or…
2Cases cited5 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- United States v. DixonSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
- Illinois v. VitaleSupreme Court of the United States · 1980
- Ortega v. State, Texas Court of Appeals, 13th District2004
3Cited by63 opinions
- Littrell v. StateCourt of Criminal Appeals of Texas · 2008
- Pomier v. State, Texas Court of Appeals, 14th District (Houston)2010
- Dunklin v. State, Texas Court of Appeals, 12th District (Tyler)2006
- In Re Shaw, Texas Court of Appeals, 6th District (Texarkana)2006
- Miles v. State, Texas Court of Appeals, 6th District (Texarkana)2008
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