Legal Opinion · Concurrence

Disheroon v. State

Court of Criminal Appeals of Texas

Decided March 27, 1985No. 64827Published

1ConcurrenceTeague, Judge

This case represents a perfect example of why Garza v. State, 622 S.W.2d 85 (Tex.Cr.App.1981), should be expressly overruled by this Court. Garza held that this Court’s members may not review this Court’s records when considering a case involving the same defendant. Because of Garza v. State, supra, this Court is unable to properly address appellant’s contention that because of the doctrine of collateral estoppel the trial court was precluded from relitigating the validity of a prior felony conviction appellant had sustained.

This Court’s records reflect that this is the second appeal from…

2Cases cited7 opinions

  1. Menna v. New YorkSupreme Court of the United States · 1975
  2. Garza v. StateCourt of Criminal Appeals of Texas · 1981
  3. Ex Parte JewelCourt of Criminal Appeals of Texas · 1976
  4. Bray v. StateCourt of Criminal Appeals of Texas · 1976
  5. Ex Parte OlveraCourt of Criminal Appeals of Texas · 1973

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