Legal Opinion
State v. Stanley
Court of Criminal Appeals of Texas
Decided September 20, 2006No. PD-1393-05PublishedCited by 54 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · PricePrice, J.
in which KELLER, P.J., and MEYERS, KEASLER, HERVEY and HOLCOMB, J.J., join.
These consolidated cases present the question whether the State may appeal an order dismissing a prosecution on the grounds that it proceeds upon an unconstitutional ordinance if the trial court delays its ruling until after both parties have submitted their evidence at the trial on the merits, but before the issue of guilt or innocence has been resolved. We conclude that the State may appeal such an order. We therefore reverse the judgment of the court of appeals, which held that it lacked jurisdiction, and…
3Cases cited11 opinions
- United States v. ScottSupreme Court of the United States · 1978
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- United States v. WilsonSupreme Court of the United States · 1975
- State v. MorenoCourt of Criminal Appeals of Texas · 1991
- Smith v. MassachusettsSupreme Court of the United States · 2005
6 more not listed; retrieve them via the Exa API.
4Cited by54 opinions
- Benavidez v. StateCourt of Criminal Appeals of Texas · 2010
- State v. MorenoCourt of Criminal Appeals of Texas · 2009
- State v. BlackshereCourt of Criminal Appeals of Texas · 2011
- State v. Robert Louis Rosseau, Texas Court of Appeals, 4th District (San Antonio)2011
- Texas Department of Public Safety v. Varme, Texas Court of Appeals, 1st District (Houston)2008
49 more not listed; retrieve them via the Exa API.