[Download] "Douglas Allen Lowery v. State Texas" by Court of Criminal Appeals of Texas No. 1251-92 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Douglas Allen Lowery v. State Texas
- Author : Court of Criminal Appeals of Texas No. 1251-92
- Release Date : January 08, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Opinion ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW Appellant was indicted for murder and convicted by a jury of the lesser
included offense of criminally negligent homicide. The jury assessed punishment at confinement for one year. Thereafter the
State indicted Appellant for aggravated robbery. Appellant filed a pre-trial application for writ of habeas corpus, contending
that a prosecution for aggravated robbery was barred by the double jeopardy clause due to his prior murder prosecution. The
trial court denied relief and the Court of Appeals reversed in its opinion on rehearing, holding that the second prosection
was barred under Grady v. Corbin, 495 U.S. 508, 109 L. Ed. 2d 548, 110 S. Ct. . 2084 (1990). Ex parte Lowery, 840 S.W.2d 550
(Tex. App.--Dallas 1992).1 We granted both the Dallas County District Attorney's and the State Prosecuting Attorney's petitions to determine whether
the Court of Appeals erred in its interpretation of Grady v. Corbin.2 However, the United States Supreme Court has since
overruled Grady in United States v. Dixon, 125 L. Ed. 2d 556, 113 S. Ct. . 2849 (1993).