Legal Opinion

In Re Cherry

Texas Court of Appeals, 3rd District (Austin)

Decided July 10, 2008No. 03-07-00629-CVPublishedCited by 28 opinions

1Opinion of the Court

OPINION

DAVID PURYEAR, Justice.

On January 11, 2008, this court denied relator Cherry’s petition for writs of mandamus and prohibition and dismissed as moot her motion for temporary relief. See Tex.R.App. P. 52.1, 52.10. Relator Cherry now files a motion for rehearing and reconsideration en banc. We grant her motion for rehearing, withdraw the January 11, 2008 opinion, and conditionally grant the petition for writ of mandamus.

BACKGROUND

These proceedings stem from Cherry’s criminal prosecution for her conduct in a child custody dispute with her ex-husband.1 On October 18, 2004, Cherry committed…

2Cases cited20 opinions

  1. Tilton v. MarshallTexas Supreme Court · 1996
  2. In Re Southwestern Bell Telephone Co.Texas Supreme Court · 2000
  3. Holloway v. Fifth Court of AppealsTexas Supreme Court · 1989
  4. State v. PatrickCourt of Criminal Appeals of Texas · 2002
  5. State v. BatesCourt of Criminal Appeals of Texas · 1994

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

3Cited by28 opinions

  1. Hernandez v. Lopez, Texas Court of Appeals, 1st District (Houston)2009
  2. State v. Ruben Garza, Jr., Texas Court of Appeals, 4th District (San Antonio)2014
  3. Willie Earl Hall Jr. v. State, Texas Court of Appeals, 2nd District (Fort Worth)2012
  4. in Re State of Texas Ex Rel. David Escamilla, Travis County Attorney, Texas Court of Appeals, 3rd District (Austin)2018
  5. in Re William Thomas Leonard, Texas Court of Appeals, 2nd District (Fort Worth)2013

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

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