Legal Opinion

Ex Parte Necessary

Texas Court of Appeals, 1st District (Houston)

Decided February 8, 2011No. 01-10-00734-CRPublishedCited by 10 opinions

1Opinion of the Court

OPINION

MICHAEL MASSENGALE, Justice.

Appellant Craig Allen Necessary has been charged with assault against a person with whom he had a dating relationship. Based on the same underlying factual allegations, Necessary has also been prohibited from certain conduct relating to the complainant in a magistrate’s order for emergency protection. He sought pretrial habeas corpus relief from prosecution, arguing that the Double Jeopardy Clause of the Fifth Amendment applies.

We affirm the trial court’s judgment denying habeas corpus relief. We conclude no double-jeopardy violation has occurred because the…

2Cases cited22 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. Benton v. MarylandSupreme Court of the United States · 1969
  4. United States v. DixonSupreme Court of the United States · 1993
  5. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963

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

3Cited by10 opinions

  1. Ex Parte Aurelio Colin Vera, Texas Court of Appeals, 1st District (Houston)2014
  2. Ex Parte Juan Alberto Huerta, Texas Court of Appeals, 1st District (Houston)2015
  3. Ex Parte Pei Wen Chen, Texas Court of Appeals, 1st District (Houston)2014
  4. Ex Parte Pho Ri Ma, Texas Court of Appeals, 1st District (Houston)2014
  5. Ex Parte Wei Hsi Chien, Texas Court of Appeals, 1st District (Houston)2014

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

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