Legal Opinion
Neal v. State
Court of Criminal Appeals of Texas
Decided November 17, 2004No. PD-1559-03PublishedCited by 187 opinions
1Opinion of the Court 1
*171 OPINION
2Opinion of the Court · CochranCochran, J.
in which KELLER, P.J., MEYERS, KEASLER, HERVEY and HOLCOMB, JJ., joined.
After a court trial, a judge found appellant guilty of possession of a deadly weapon in a penal institution and sentenced him to six years’ imprisonment. The court of appeals reversed this conviction and ordered the case dismissed. It concluded that appellant’s prosecution — which came after he filed a federal civil-rights suit— raised a presumption of vindictiveness that the State did not overcome at trial.1 The State asks whether the court of appeals erred by reversing the trial court’s judgment on a theory of…
3Cases cited28 opinions
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Bone v. StateCourt of Criminal Appeals of Texas · 2002
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. GoodwinSupreme Court of the United States · 1982
- Mendez v. StateCourt of Criminal Appeals of Texas · 2004
23 more not listed; retrieve them via the Exa API.
4Cited by187 opinions
- Layton v. StateCourt of Criminal Appeals of Texas · 2009
- People v. MillsCalifornia Supreme Court · 2010
- Ex Parte MillerCourt of Criminal Appeals of Texas · 2010
- State v. HillCourt of Criminal Appeals of Texas · 2016
- Clarke v. StateCourt of Criminal Appeals of Texas · 2008
182 more not listed; retrieve them via the Exa API.