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This Court decided the double jeopardy claim was not properly raised in either the trial court or this Court because any double jeopardy violation was not apparent on the face of the record and enforcement of the usual rules of procedural default served legitimate state interests.
MULTIPLE PROSECUTIONS. Sec. 3.01. DEFINITION. In this chapter, "criminal episode" means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: (1) the offenses are committed pursuant to the same transaction or ...
Oct 1, 2023 · The double jeopardy clause in the U.S. Constitution states that no person shall "be subject for the same offense to be twice put in jeopardy of life and limb." This prevents the government from prosecuting criminal defendants more than once for the same offense.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution (the Clause) is one of many ways the Bill of Rights reduces government oppression. Although it also protects from multiple punishments in a single trial, this paper focuses on the right to be free from successive trials.
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Note that the Fifth Amendment to the federal constitution reads in part: "[N]or shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb." —Attorney Steve Smith
Ex parte Lewis, 219 S.W.3d 335, 336-37 (Tex.Crim.App. 2007) (footnotes omitted) ("In Bauder v. State, we interpreted the Double Jeopardy provision of the Texas Constitution more expansively, to cov...
Stephens v. State, 806 S.W.2d 812, 814-15 (Tex.Crim.App. 1990) (citations omitted) ("The prohibition against double jeopardy is found in the Fifth Amendment to the United States Constitution. A sim...
Vernon's Annotated Constitution of the State of Texas(this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
Constitution of the State of Texas (1876)(this resource is published and maintained by the University of Texas School of Law)
Oct 18, 2023 · One of the core protections for criminal defendants is the double jeopardy rule provided by the Fifth Amendment to the U.S. Constitution. The short version of the rule is that you cannot be prosecuted more than once for the same crime.
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(3) enter the special plea of double jeopardy as described by Article 27.05. (b) If a defendant is detained in jail before trial, the justice or judge may permit the defendant to enter any of the pleas described by Subsection (a).
