Mitschke v. State
Court of Criminal Appeals of Texas
1Opinion of the Court 1
OPINION
2Opinion of the Court · JohnsonJohnson, J.
in which PRICE, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., join.
“The distinction between ‘direct’ and ‘collateral’ consequences of a plea, while sometimes shaded in the relevant decision, turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant’s punishment.” Thus says Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.1973). In support of this statement there is no citation to statute or case law or any other legal authority; there is merely the assertion that it is so. There appears to be no…
Also in this document: Concurrence.
3Cases cited19 opinions
- Brady v. United StatesSupreme Court of the United States · 1970
- Ladd v. StateCourt of Criminal Appeals of Texas · 1999
- Smith v. DoeSupreme Court of the United States · 2003
- People v. FordNew York Court of Appeals · 1995
- McKune v. LileSupreme Court of the United States · 2002
14 more not listed; retrieve them via the Exa API.
4Cited by137 opinions
- Ex Parte CavazosCourt of Criminal Appeals of Texas · 2006
- Ex Parte MoussazadehCourt of Criminal Appeals of Texas · 2012
- Anderson v. StateCourt of Criminal Appeals of Texas · 2006
- Bessey v. StateCourt of Criminal Appeals of Texas · 2007
- Arreola v. State, Texas Court of Appeals, 1st District (Houston)2006
132 more not listed; retrieve them via the Exa API.