Legal Opinion

Fant v. State

Court of Appeals of Texas

Decided October 12, 1994No. A14-94-00013-CRPublishedCited by 35 opinions

1Opinion of the Court

MAJORITY OPINION

MURPHY, Justice.

In this appeal from the trial court’s denial of appellant’s application for a writ of habeas corpus, we consider whether double jeopardy bars appellant’s trial for possession of a controlled substance with intent to deliver, after the State has obtained a forfeiture judgment arising out of the same criminal occurrence. We conclude that it does.

Appellant was arrested and charged with possession of a controlled substance with intent to deliver in cause No. 656,133. Three days later, the State initiated forfeiture proceedings against him in the 55th District Court…

2Cases cited8 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Austin v. United StatesSupreme Court of the United States · 1993
  3. Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
  4. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  5. United States v. WardSupreme Court of the United States · 1980

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

3Cited by35 opinions

  1. State v. Lara, Texas Court of Appeals, 13th District1996
  2. Pine v. StateCourt of Appeals of Texas · 1994
  3. Ex Parte Arnold, Texas Court of Appeals, 3rd District (Austin)1996
  4. Madison v. State, Texas Court of Appeals, 6th District (Texarkana)1996
  5. Aravanis v. Somerset CountyCourt of Appeals of Maryland · 1995

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

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