Legal Opinion

Ex Parte Clear

Court of Criminal Appeals of Texas

Decided November 1, 1978No. 59288PublishedCited by 71 opinions

1Opinion of the Court

OPINION

ROBERTS, Judge.

This is an application for a writ of habeas corpus filed originally in this Court. Relator alleges that the district court illegally assumed jurisdiction as a magistrate of a felony complaint filed against him in justice court and unlawfully raised his bond from one thousand to two thousand dollars. We agree and grant the relief requested.

I

On July 8, 1978, the State filed a felony complaint against the relator David Clear. The complaint alleged that relator had, by causing bodily injury, assaulted a police officer who was, at the time of the assault, in the lawful…

2Cases cited22 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
  4. Flores v. StateCourt of Criminal Appeals of Texas · 1972
  5. Alberti v. Sheriff of Harris County, TexasDistrict Court, S.D. Texas · 1975

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

3Cited by71 opinions

  1. Powell v. StateCourt of Criminal Appeals of Texas · 1995
  2. Green v. StateCourt of Criminal Appeals of Texas · 1994
  3. United States v. Tom Welch, Charles Cashell, William L. Satterwhite and James M. CochranCourt of Appeals for the Fifth Circuit · 1981
  4. Houlihan v. StateCourt of Criminal Appeals of Texas · 1979
  5. State Ex Rel. Millsap v. LozanoCourt of Criminal Appeals of Texas · 1985

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

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