Legal Opinion

Plunkett v. State

Texas Court of Appeals, 10th District (Waco)

Decided August 17, 1994No. 10-94-041-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

VANCE, Justice.

R.D. Plunkett was indicted for theft by check in Cause No. 6308 in Falls County. Allegations of witness and jury tampering arose prior to trial — but after the jury had been impaneled — and the court granted a mistrial sua sponte. Plunkett was reindicted in Cause No. 6627, and the case was transferred to Robertson County. He filed a pretrial writ of habeas corpus, asserting double jeopardy. The court denied the writ. He now appeals on four points, asserting that the court abused its discretion in declaring a sua sponte mistrial. We will affirm.

POINTS OF ERROR

We note at…

2Cases cited11 opinions

  1. Arizona v. WashingtonSupreme Court of the United States · 1978
  2. United States v. PerezSupreme Court of the United States · 1824
  3. Adanandus v. StateCourt of Criminal Appeals of Texas · 1993
  4. Ex Parte RathmellCourt of Criminal Appeals of Texas · 1986
  5. Torres v. StateCourt of Criminal Appeals of Texas · 1981

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3Cited by7 opinions

  1. Parrish v. State, Texas Court of Appeals, 14th District (Houston)2001
  2. State v. BerrysmithCourt of Appeals of Washington · 1997
  3. Clifton Randolph v. State, Texas Court of Appeals, 10th District (Waco)2004
  4. Donald Lee Loosier v. Ernest H. Guterrez, Samuel Hughes, Robert Jenkins, Darrell Luker, and Maria Luna, Texas Court of Appeals, 10th District (Waco)2008
  5. Gurrola, Maria Estela v. State, Texas Court of Appeals, 8th District (El Paso)2002

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

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