Legal Opinion
State v. Marshall
Texas Court of Appeals, 5th District (Dallas)
Decided September 6, 1991No. 05-91-00258-CRPublishedCited by 21 opinions
1Opinion of the Court
OPINION
LAGARDE, Justice.
The State of Texas appeals the trial court’s order granting David James Marshall relief under a pretrial writ of habeas corpus. In a single point of error, the State contends that the trial court erroneously granted relief under the writ on double jeopardy grounds. We agree. Accordingly, we reverse the trial court’s order. We hold that the State is not barred from prosecuting cause number F88-90590 in the 291st District Court of Dallas County. We vacate the trial court’s order and remand this cause to the trial court for trial.
On November 11, 1988, Marshall, while…
2Cases cited19 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Missouri v. HunterSupreme Court of the United States · 1983
- Grady v. CorbinSupreme Court of the United States · 1990
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Casey v. State, Texas Court of Appeals, 7th District (Amarillo)1992
- McDuff v. State, Texas Court of Appeals, 3rd District (Austin)1997
- Ex Parte Lowery, Texas Court of Appeals, 5th District (Dallas)1992
- Nethery v. State, Texas Court of Appeals, 5th District (Dallas)2000
- Gentry v. State, Texas Court of Appeals, 5th District (Dallas)1994
16 more not listed; retrieve them via the Exa API.