Legal Opinion · Dissent

Davenport v. State

Court of Criminal Appeals of Texas

Decided November 15, 1978No. 56013Published

1DissentPhillips, Judge

The majority concludes that the State’s successful second effort to revoke appellant’s probation based on the same alleged offense committed by the probationer while on probation does not violate the double jeopardy clauses of the Texas and United States Constitutions. See U. S. Constitution, Fifth Amendment; Texas Constitution, Article I, Section 14. They also conclude that the collateral civil doctrine of res judicata does not apply to appellant’s situation.

I

With respect to the majority’s disposition of the first issue, heavy concentration is placed upon previous characterizations of the…

2Cases cited28 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Stone v. PowellSupreme Court of the United States · 1976
  3. Green v. United StatesSupreme Court of the United States · 1957
  4. Greene v. MasseySupreme Court of the United States · 1978
  5. Helvering v. MitchellSupreme Court of the United States · 1938

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