# Ex Parte Rogers

> Court of Criminal Appeals of Texas · May 26, 1982 · 632 S.W.2d 748

URL: https://www.frixlaw.com/law-library/cases/9677251

## Case

- **Full name:** Ex Parte Carl Raymond ROGERS, Jr.
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 26, 1982
- **Citations:** 632 S.W.2d 748; 1982 Tex. Crim. App. LEXIS 919
- **Precedential status:** Published
- **Opinion:** Concurrence by Odom
- **Judges:** Clinton, Odom, Davis, Dally, McCormick
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9677251

## Opinion text

ODOM, Judge,
concurring.
I concur in the denial of relief to petitioner. Ex parte McWilliams, 632 S.W.2d 574 (1982).
Reference by the majority to Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 , is uncalled for under the facts in this case. In Ashe the prior acquittal of the defendant invoked the doctrine of collateral estoppel, prohibiting the subsequent relitigation of an issue that had been decided in his favor. In this case petitioner was convicted in both cases; no issue in the first case had been decided in his favor. The doctrine of collateral estoppel is irrelevant to today’s decision.
I concur in the results only.
TOM G. DAVIS, DALLY, W. C. DAVIS and McCORMICK join this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9677251. Public record. Not legal advice.