Legal Opinion

Ex Parte Alt

Texas Court of Appeals, 3rd District (Austin)

Decided January 8, 1998No. 03-97-00080-CRPublishedCited by 25 opinions

1Opinion of the Court

ABOUSSIE, Justice.

Appellant, Eldon Alt, appeals the denial of his petition for writ of habeas corpus. Alt contends that the doctrine of collateral estop-pel bars relitigation of the issue of probable cause to arrest in a pretrial motion to suppress hearing following a prior determination of this issue in a license suspension proceeding. We hold that habeas corpus is the improper vehicle for raising such a claim and, therefore, will affirm the order denying relief.

FACTS

On June 1,1996, an officer stopped Alt for exhibition of acceleration and unsafe speed in a 15 m.p.h. zone. After observing…

2Cases cited19 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Galitz v. StateCourt of Criminal Appeals of Texas · 1981
  3. Stephens v. StateCourt of Criminal Appeals of Texas · 1991
  4. Ex Parte RobinsonCourt of Criminal Appeals of Texas · 1982
  5. Ex Parte KimesCourt of Criminal Appeals of Texas · 1993

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

3Cited by25 opinions

  1. Queen v. State, Texas Court of Appeals, 3rd District (Austin)2006
  2. State v. Rodriguez, Texas Court of Appeals, 11th District (Eastland)1999
  3. Murphy v. State, Texas Court of Appeals, 6th District (Texarkana)2006
  4. Ex Parte King, Texas Court of Appeals, 3rd District (Austin)2004
  5. Gonzalez v. State, Texas Court of Appeals, 14th District (Houston)1999

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

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