Legal Opinion

Todd v. State

Texas Court of Appeals, 10th District (Waco)

Decided November 19, 1997No. 10-97-182-CRPublishedCited by 9 opinions

1Opinion of the Court

*778OPINION

2Per curiam

Does an administrative law judge’s finding of “no probable cause” in a driver’s license suspension hearing collaterally estop a trial judge from making a different finding at a suppression hearing in a subsequent criminal proceeding? We hold that it does not.

BACKGROUND

Julia Ramsey Todd was arrested on May 5, 1996, for driving while intoxicated. She was charged with driving while intoxicated, second offense. Tex. Pen.Code Ann. §§ 49.04, 49.09(a) (Vernon 1994 & Supp. 1997). Because Todd had refused to give a blood or breath specimen, the Department of Public Safety (DPS) took action to…

3Cases cited8 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Freeman v. StateCourt of Criminal Appeals of Texas · 1986
  3. Tharp v. StateCourt of Criminal Appeals of Texas · 1996
  4. Neaves v. StateCourt of Criminal Appeals of Texas · 1989
  5. State v. AguilarCourt of Criminal Appeals of Texas · 1997

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

4Cited by9 opinions

  1. State v. Rodriguez, Texas Court of Appeals, 11th District (Eastland)1999
  2. Ex Parte Gregerman, Texas Court of Appeals, 14th District (Houston)1998
  3. State v. Patrick, Texas Court of Appeals, 13th District1999
  4. Dodson v. StateCourt of Appeals of Texas · 1998
  5. Texas Department of Public Safety v. HarrisCourt of Appeals of Texas · 2000

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

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