Legal Opinion
Ballard v. State
Court of Criminal Appeals of Texas
Decided January 14, 2004No. 1683-02, 1684-02PublishedCited by 18 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KellerKeller, P.J.
in which PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.
In the community supervision 1 revocation context, we must determine whether the due diligence requirement applies when the capias is issued and the defendant is apprehended within the community supervision period but the revocation hearing is held outside of that period. We hold that the due diligence requirement does not apply under those circumstances.
A. The facts
Appellant was convicted on one count of tampering with a witness and one count of retaliation. She was placed on five years community supervision for…
3Cases cited4 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- Peacock v. StateCourt of Criminal Appeals of Texas · 2002
- Coleman v. StateCourt of Criminal Appeals of Texas · 1982
4Cited by18 opinions
- State v. John D. Shelton, Texas Court of Appeals, 7th District (Amarillo)2012
- Ambros Rubio v. State, Texas Court of Appeals, 8th District (El Paso)2016
- Anthony Lawrence Taylor v. State, Texas Court of Appeals, 14th District (Houston)2013
- Esteban Deleon v. State, Texas Court of Appeals, 13th District2012
- Jackson, Joshua P. v. State, Texas Court of Appeals, 14th District (Houston)2004
13 more not listed; retrieve them via the Exa API.