Legal Opinion
Joseph Montano v. State of Texas
Court of Appeals for the Fifth Circuit
Decided August 11, 2017No. 16-20083PublishedCited by 68 opinions
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
Joseph Montano’s felony trial was terminated when the state trial judge declared a mistrial after a witness invoked his Fifth Amendment right against self-incrimination, while testifying at trial. After Texas determined to retry him, Montano unsuccessfully sought relief in Texas court, arguing that a retrial would violate his rights under the . Fifth Amendment’s Double Jeopardy Clause. Montano then filed a ha-beas petition in federal district court, but the district court dismissed his habeas petition without prejudice for failure to exhaust available…
2Cases cited21 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- United States v. BallSupreme Court of the United States · 1896
- Johnny Dickerson v. State of LouisianaCourt of Appeals for the Fifth Circuit · 1987
- Anthony Ojo v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1997
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3Cited by68 opinions
- George v. SI GrpCourt of Appeals for the Fifth Circuit · 2022
- Scott v. U.S. Bank National AssnCourt of Appeals for the Fifth Circuit · 2021
- Colvin v. LeBlancCourt of Appeals for the Fifth Circuit · 2021
- Wilson v. StromanCourt of Appeals for the Fifth Circuit · 2022
- Brackeen v. HaalandCourt of Appeals for the Fifth Circuit · 2021
63 more not listed; retrieve them via the Exa API.