Legal Opinion
Ex Parte Lowery
Texas Court of Appeals, 5th District (Dallas)
Decided October 14, 1992No. 05-92-00370-CRPublishedCited by 27 opinions
1Opinion of the Court
OPINION ON REHEARING
LAGARDE, Justice.
Douglas Allen Lowery appeals the trial court’s order denying his pretrial application for writ of habeas corpus. Appellant contends that double jeopardy bars the State’s prosecution for aggravated robbery. We agree, reverse the trial court’s order denying appellant’s application, and remand this case to the trial court with instructions to dismiss the aggravated robbery indictment.
FACTUAL AND PROCEDURAL BACKGROUND
In the early hours of August 14, 1990, appellant and an accomplice clubbed Lester Heiny, Jr. to death with a baseball bat and stole Heiny’s…
2Cases cited20 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Grady v. CorbinSupreme Court of the United States · 1990
- Illinois v. VitaleSupreme Court of the United States · 1980
- Harris v. OklahomaSupreme Court of the United States · 1977
- United States v. FelixSupreme Court of the United States · 1992
15 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Meyer v. State, Texas Court of Appeals, 6th District (Texarkana)2010
- Ex Parte LoweryCourt of Criminal Appeals of Texas · 1993
- Lagrone v. John Robert Powers Schools, Inc., Texas Court of Appeals, 5th District (Dallas)1992
- Ex Parte Lowery, Texas Court of Appeals, 5th District (Dallas)1995
- Clarence Wesley Haley v. State, Texas Court of Appeals, 6th District (Texarkana)2009
22 more not listed; retrieve them via the Exa API.