Legal Opinion

Heimlich v. State Ex Rel. Abbott

Texas Court of Appeals, 3rd District (Austin)

Decided January 30, 2003No. 03-02-00151-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

BEA ANN SMITH, Justice.

Edmund Brian Heimlich appeals the summary judgment denying his request for damages due to wrongful imprisonment. We will affirm the judgment in part, reverse the judgment in part, and remand the cause for further proceedings.

BACKGROUND

Heimlich was convicted of theft and was sentenced to four years in prison. Heimlich v. State, 988 S.W.2d 382, 382 (Tex. App.-Houston [14th Dist.] 1999, pet. ref d). After serving some of his sentence, 2 he was awarded shock probation. See id. at 382 n. 2. A court of appeals reversed his conviction and rendered a judgment of…

2Cases cited5 opinions

  1. City of Beaumont v. BouillionTexas Supreme Court · 1995
  2. Hosner v. DeYoungTexas Supreme Court · 1846
  3. Su Inn Ho v. University of Texas at Arlington, Texas Court of Appeals, 7th District (Amarillo)1998
  4. Fulton v. Associated Indemnity Corp., Texas Court of Appeals, 3rd District (Austin)2001
  5. Heimlich v. State, Texas Court of Appeals, 14th District (Houston)1999

3Cited by6 opinions

  1. State Ex Rel. Abbott v. Young, Texas Court of Appeals, 3rd District (Austin)2008
  2. Jones v. State, Texas Court of Appeals, 5th District (Dallas)2005
  3. State of Texas, by and Through Greg Abbott, the Attorney General v. Marion Young, Texas Court of Appeals, 3rd District (Austin)2008
  4. State of Texas, by and Through Greg Abbott, the Attorney General v. Marion Young, Texas Court of Appeals, 3rd District (Austin)2008
  5. State of Texas// Edmund Bryan Heimlich v. Edmund Bryan Heimlich// Cross-Appellee, State of Texas, Texas Court of Appeals, 3rd District (Austin)2008

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