Legal Opinion
Marks v. State
Court of Criminal Appeals of Texas
Decided October 3, 2018No. PD-0549-17PublishedCited by 9 opinions
1Opinion of the Court
Yeary, J., filed a dissenting opinion.
DISSENTING OPINION
Keasler, J., filed a dissenting opinion, in which Hervey and Newell, JJ., joined.
Under Article 12.05(b) of the Code of Criminal Procedure,"[t]he time during the pendency of an indictment ... shall not be computed in the period of limitation."1 This means that, so long as "an indictment" is pending against the defendant, the relevant limitation period is put on pause. We have rejected the idea that "any indictment for any unrelated offense" will allow the State to take advantage of this provision.2 Otherwise, "a person could be…
2Cases cited12 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- Proctor v. StateCourt of Criminal Appeals of Texas · 1998
- Getts v. StateCourt of Criminal Appeals of Texas · 2005
- Hernandez v. StateCourt of Criminal Appeals of Texas · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ex Parte Christopher Floyd, Texas Court of Appeals, 13th District2019
- Ex Parte Christopher Floyd, Texas Court of Appeals, 13th District2019
- Joseph Anthony Smith v. State, Texas Court of Appeals, 14th District (Houston)2020
- Noah Michael Johnson v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2025
- R.G. v. Harris County District Attorney's Office, Texas Court of Appeals, 14th District (Houston)2020
4 more not listed; retrieve them via the Exa API.