Legal Opinion

Ex Parte Cooks

Texas Court of Appeals, 7th District (Amarillo)

Decided October 9, 1998No. 07-97-0218-CRPublishedCited by 7 opinions

1Opinion of the Court

BOYD, Chief Justice.

In this appeal from the denial of a pretrial writ of habeas corpus, appellant George Ellis Cooks, Jr. asserts that his retrial for the offense of aggravated robbery is barred by the double jeopardy clause of the Fifth Amendment to the Federal Constitution, made applicable to the states by the Fourteenth Amendment to that constitution. He also asserts that his retrial would violate the double jeopardy clause of article 1, section 14 of our state constitution, as well as the similar provision of article 1.10 of the Code of Criminal Procedure. Disagreeing with those…

2Cases cited6 opinions

  1. United States v. ScottSupreme Court of the United States · 1978
  2. Lockhart v. NelsonSupreme Court of the United States · 1988
  3. Bauder v. StateCourt of Criminal Appeals of Texas · 1996
  4. Ex Parte BauderCourt of Criminal Appeals of Texas · 1998
  5. Ex Parte DavisCourt of Criminal Appeals of Texas · 1997

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

3Cited by7 opinions

  1. Ex Parte Legrand, Texas Court of Appeals, 14th District (Houston)2009
  2. Huseman v. State, Texas Court of Appeals, 7th District (Amarillo)2002
  3. Ex Parte Trudy Lynn Legrand, Texas Court of Appeals, 14th District (Houston)2009
  4. State v. Mary Francis Appio, Texas Court of Appeals, 7th District (Amarillo)2005
  5. Timothy Huseman v. State of Texas, Texas Court of Appeals, 7th District (Amarillo)2002

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

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