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Legal Opinion

in Re the Honorable Thomas Greenwell Judge, 319th District Court v. 13th Court of Appeals

Court of Criminal Appeals of Texas

Decided February 9, 2005No. AP-75,017PublishedCited by 72 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KellerKeller, P.J.

This mandamus action arises from a court of appeals’s order requiring a trial court to amend its “certification of the defendant’s right of appeal.” We will grant relief.

I. BACKGROUND

A. Procedural history

Defendant Brian Ernst was indicted for indecency with a child. He entered into a pretrial diversion agreement with the State, and his indictment was dismissed. A little over a year later, the State filed a notice of noncompliance, alleging that the defendant had broken the terms of the agreement, and Ernst was subsequently re-indicted. He filed a pretrial motion to dismiss the…

3Cases cited14 opinions

  1. Dears v. StateCourt of Criminal Appeals of Texas · 2005
  2. Young v. StateCourt of Criminal Appeals of Texas · 2000
  3. State Ex Rel. Hill v. Court of Appeals for the Fifth DistrictCourt of Criminal Appeals of Texas · 2001
  4. Jordan v. StateCourt of Criminal Appeals of Texas · 2001
  5. State Ex Rel. Holmes v. Honorable Court of Appeals for the Third DistrictCourt of Criminal Appeals of Texas · 1994

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4Cited by72 opinions

  1. In Re STATE of Texas Ex Rel. David P. WEEKSCourt of Criminal Appeals of Texas · 2013
  2. Menefee v. StateCourt of Criminal Appeals of Texas · 2009
  3. Greenwell v. COURT OF APP. THIRTEENTH JUD. DIST.Court of Criminal Appeals of Texas · 2005
  4. In re McCannCourt of Criminal Appeals of Texas · 2013
  5. Marsh, Robert LaneCourt of Criminal Appeals of Texas · 2014

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