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Legal Opinion

Archie v. State

Texas Court of Appeals, 10th District (Waco)

Decided January 3, 2006No. 10-04-00153-CRPublishedCited by 19 opinions

1Opinion of the Court

OPINION

FELIPE REYNA, Justice.

A jury convicted Julius Archie of family violence assault (a felony) and misdemean- or assault. The jury assessed his punishment at ten years in prison for the felony and one year in jail for the misdemeanor. Archie contends in two issues that: (1) he was punished twice for the same offense in violation of the prohibition against double jeopardy; and (2) the court abused its discretion by denying his motion for mistrial during the punishment phase when a prosecutor commented on his failure to testify. We will affirm the convictions, reverse the punishment, and…

2Cases cited13 opinions

  1. Hawkins v. StateCourt of Criminal Appeals of Texas · 2004
  2. Goff v. StateCourt of Criminal Appeals of Texas · 1996
  3. Sattazahn v. PennsylvaniaSupreme Court of the United States · 2003
  4. Montoya v. StateCourt of Criminal Appeals of Texas · 1987
  5. Patterson v. StateCourt of Criminal Appeals of Texas · 2004

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

3Cited by19 opinions

  1. Archie v. StateCourt of Criminal Appeals of Texas · 2007
  2. State v. McGiltonWest Virginia Supreme Court · 2012
  3. Gonzales v. State, Texas Court of Appeals, 10th District (Waco)2006
  4. Perez v. State, Texas Court of Appeals, 10th District (Waco)2006
  5. Haynes v. State, Texas Court of Appeals, 1st District (Houston)2007

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

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