Legal Opinion

Ex Parte Ayers

Texas Court of Appeals, 1st District (Houston)

Decided April 11, 1996No. 01-96-00018-CRPublishedCited by 60 opinions

1Opinion of the Court

OPINION

O’CONNOR, Justice.

This is an accelerated appeal. The appellant, Elizabeth Ayers, appeals the denial of her pretrial application for writ of habeas corpus. The issue in this case is whether a finding by an administrative judge — that officers did not have reasonable suspicion to stop the appellant for driving while intoxicated — constitutes a bar to prosecution for driving while intoxicated (DWI) on the basis of collateral estoppel. We hold it does not. We affirm.

Summary of Facts

The parties have stipulated to the following facts. On March 22, 1995, the appellant was arrested for driving…

2Cases cited5 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Ex Parte TarverCourt of Criminal Appeals of Texas · 1986
  3. Porter v. StateCourt of Criminal Appeals of Texas · 1981
  4. Neaves v. StateCourt of Criminal Appeals of Texas · 1989
  5. Ex Parte Daniel, Texas Court of Appeals, 1st District (Houston)1989

3Cited by60 opinions

  1. Ex Parte CumminsCourt of Appeals of Texas · 2005
  2. Ex Parte MannCourt of Appeals of Texas · 2000
  3. Ex Parte Pipkin, Texas Court of Appeals, 7th District (Amarillo)1996
  4. In Re Shaw, Texas Court of Appeals, 6th District (Texarkana)2006
  5. Ex Parte Culver, Texas Court of Appeals, 8th District (El Paso)1996

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