Legal Opinion

State v. DeLeon

Texas Court of Appeals, 7th District (Amarillo)

Decided June 16, 1998No. 07-97-0385-CRPublishedCited by 52 opinions

1Opinion of the Court

REAVIS, Justice.

The State of Texas brings this appeal under article 44.01 of the Code of Criminal Procedure 1 challenging an order granting Benjamin DeLeon habeas corpus relief on the basis of double jeopardy. DeLeon was indicted for capital murder for allegedly suffocating his infant son. 2 After defense counsel discovered during trial that the State had not made pretrial production of evidence he believed to be Brady material, 3 defense counsel moved for a mistrial. Believing defense counsel to be correct, the trial court declared a mistrial. The court thereafter barred the State from…

2Cases cited16 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. Oregon v. KennedySupreme Court of the United States · 1982
  5. Bauder v. StateCourt of Criminal Appeals of Texas · 1996

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

3Cited by52 opinions

  1. Little v. StateCourt of Criminal Appeals of Texas · 1999
  2. Williams v. State, Texas Court of Appeals, 4th District (San Antonio)1999
  3. Castaneda v. State, Texas Court of Appeals, 8th District (El Paso)2000
  4. Marchbanks v. State, Texas Court of Appeals, 2nd District (Fort Worth)2011
  5. Hampton v. State, Texas Court of Appeals, 8th District (El Paso)2001

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

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