Legal Opinion
Ex Parte Anthony
Texas Court of Appeals, 5th District (Dallas)
Decided August 9, 1996No. 05-96-00308-CRPublishedCited by 10 opinions
1Opinion of the Court
OPINION ON RECONSIDERATION ON PETITION FOR DISCRETIONARY REVIEW
MALONEY, Justice.
The Court’s opinion and judgment of June 28,1996 are vacated. This is now the opinion of the Court.
Mark Thomas Anthony appeals the trial court’s denial of his pretrial writ of habeas corpus. In two points of error, appellant asserts the suspension of his driver’s license for refusing to take a breath test bars a subsequent prosecution for driving while intoxicated (DWI) under both the United States and Texas Constitutions. Because we conclude the driver’s license suspension and the DWI charge are not the “same…
2Cases cited13 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. DixonSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. Michael HerroldCourt of Appeals for the Fifth Circuit · 2018
- State v. Webb, Texas Court of Appeals, 1st District (Houston)2007
- Ex Parte Gregerman, Texas Court of Appeals, 14th District (Houston)1998
- Washington v. State, Texas Court of Appeals, 3rd District (Austin)1997
- Ex Parte Poplin, Texas Court of Appeals, 5th District (Dallas)1996
5 more not listed; retrieve them via the Exa API.