Legal Opinion

Ex Parte Byrias Roberson

Court of Appeals of Texas

Decided January 12, 2015No. 02-13-00582-CRPublishedCited by 13 opinions

1Opinion of the Court

OPINION

ANNE GARDNER, JUSTICE

Appellant Byrias Roberson appeals the denial of his pretrial application for writ of habeas corpus. Appellant contends the State goaded him into moving for a mistrial during his first trial and, therefore, any retrial would violate his protections against double jeopardy. We affirm.

*259Background

In appellant’s first trial for resisting arrest, the record shows that after the parties made their strikes, the jury was selected, the jury was sworn, the trial court excused the remaining veniremembers, the trial court gave instructions to the six jurors, the State read the…

2Cases cited6 opinions

  1. Oregon v. KennedySupreme Court of the United States · 1982
  2. Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
  3. Ex Parte WheelerCourt of Criminal Appeals of Texas · 2006
  4. Ex Parte AdamsCourt of Criminal Appeals of Texas · 1989
  5. State v. BlackshereCourt of Criminal Appeals of Texas · 2011

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

3Cited by13 opinions

  1. Madeksho v. Abraham, Watkins, Nichols & Friend, Texas Court of Appeals, 14th District (Houston)2001
  2. Dabney, Ronnie LeonCourt of Appeals of Texas · 2015
  3. Ex Parte Guadalupe Contreras v. the State of Texas, Texas Court of Appeals, 4th District (San Antonio)2025
  4. Ex Parte James Floyd, Texas Court of Appeals, 2nd District (Fort Worth)2022
  5. Ex Parte Jay Allen Rotter v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2023

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

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