Legal Opinion
Apolinar v. State
Court of Criminal Appeals of Texas
Decided June 19, 1991No. 682-90PublishedCited by 378 opinions
1Opinion of the Court
OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW
MALONEY, Judge.
This case is before us on the State’s petition for discretionary review. The State contends that “the Court of Appeals erred in holding that it had jurisdiction” to address appellant’s claim. We hold that the Court of Appeals did not have jurisdiction.
Appellant filed a special plea in the trial court alleging that his first trial, which resulted in a mistrial, was improperly terminated. Article 27.05(3), V.A.C.C.P. He claimed that his right against twice being put in jeopardy for the same offense proscribed the second trial.…
2Cases cited8 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Abney v. United StatesSupreme Court of the United States · 1977
- Ex Parte RobinsonCourt of Criminal Appeals of Texas · 1982
- Robinson v. WadeCourt of Appeals for the Fifth Circuit · 1982
- Darrett Bernard Baker v. Honorable Don Metcalfe, Judge, Criminal District Court, Etc., RespondentCourt of Appeals for the Fifth Circuit · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by378 opinions
- McKown v. StateCourt of Appeals of Texas · 1996
- State Ex Rel. Lykos v. FineCourt of Criminal Appeals of Texas · 2011
- Wright v. State, Texas Court of Appeals, 5th District (Dallas)1998
- Ragston, Joshua DewayneCourt of Criminal Appeals of Texas · 2014
- Ex Parte Shumake, Texas Court of Appeals, 3rd District (Austin)1997
373 more not listed; retrieve them via the Exa API.