Legal Opinion

Ex Parte Tharp

Court of Appeals of Texas

Decided February 28, 1996No. 2-95-208-CRPublishedCited by 31 opinions

1Opinion of the Court

OPINION

DAUPHINOT, Justice.

In this case, we consider whether the administrative driver’s license suspension under Texas Revised Civil Statute article 6687b-l 1 constitutes punishment for the purposes of double jeopardy analysis. 2 We grant Appellant’s motion to amend his sole point of error and, consequently, our review of this issue will be limited only to the double jeopardy protection found in the United States Constitution, as no independent state constitutional claim has been asserted.

FACTUAL AND PROCEDURAL BACKGROUND

James Martin Tharp, Appellant, was stopped and arrested on suspicion of…

2Cases cited18 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Bell v. BursonSupreme Court of the United States · 1971
  4. United States v. DixonSupreme Court of the United States · 1993
  5. United States v. HalperSupreme Court of the United States · 1989

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3Cited by31 opinions

  1. Tharp v. StateCourt of Criminal Appeals of Texas · 1996
  2. State v. MayoSupreme Court of Missouri · 1996
  3. Grotti v. StateCourt of Appeals of Texas · 2006
  4. Ex Parte Arnold, Texas Court of Appeals, 3rd District (Austin)1996
  5. Texas Department of Public Safety v. Monroe, Texas Court of Appeals, 14th District (Houston)1998

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