Legal Opinion

Ex Parte Knipp

Court of Criminal Appeals of Texas

Decided October 3, 2007No. AP-75,624PublishedCited by 40 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HerveyHervey, J.

In this case, applicant raises a meritorious double-jeopardy claim in a subsequent application for a writ of habeas corpus filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure. 1 We will grant habeas corpus relief.

The meritorious double-jeopardy claim presented in applicant’s subsequent writ is that applicant was twice convicted for the same delivery of a controlled substance. We adopt the following supported-by-the-record statement of facts from the State’s answer to applicant’s subsequent writ:

Applicant, Kenneth Everett Knipp, was indicted in Cause No.…

3Cases cited3 opinions

  1. United States v. BroceSupreme Court of the United States · 1989
  2. Ex Parte HaleCourt of Criminal Appeals of Texas · 2003
  3. Ex Parte BatesCourt of Criminal Appeals of Texas · 1976

4Cited by40 opinions

  1. Denton, Ex Parte William CharlesCourt of Criminal Appeals of Texas · 2013
  2. Moore, Jammie LeeCourt of Criminal Appeals of Texas · 2012
  3. Milner, Ex Parte Kenneth GlennCourt of Criminal Appeals of Texas · 2013
  4. Ex parte St. AubinCourt of Criminal Appeals of Texas · 2017
  5. Kimberly Gonzalez v. StateCourt of Appeals of Texas · 2016

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