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Legal Opinion · Dissent

Doan, Ex Parte Dustin

Court of Criminal Appeals of Texas

Decided June 20, 2012No. PD-1547-10Published

1Dissent

KELLER, P.J., filed a dissenting opinion in which KEASLER, and HERVEY, JJ., joined.

The Court makes a convincing argument that a probation-revocation proceeding is not an administrative hearing. But it fails to say what that proposition has to do with whether Travis County and Brazos County are the same party. In my opinion, this gap in the argument is fatal to the Court’s ultimate holding.

The question in this case is whether the Travis County Attorney is bound in a *215criminal prosecution by what happened in a probation-revocation proceeding that was prosecuted by the Brazos County Attorney. The…

2Cases cited51 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  3. Dowling v. United StatesSupreme Court of the United States · 1990
  4. United States v. WheelerSupreme Court of the United States · 1978
  5. Richardson v. United StatesSupreme Court of the United States · 1984

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