Opinion

Ladner v. State

  • 780 S.W.2d 247
  • 1989 Tex. Crim. App. LEXIS 196
  • 1989 WL 125745
Court
Court of Criminal Appeals of Texas
Filed
Oct 25, 1989
Status
Published
Author
Miller
On the bench
Miller, Duncan, Teague, Clinton
Cited by
48 cases
Authority
More cited than 10.6%

holding that courts should not decide the proper application of the doctrine of collateral estoppel solely on the basis of the self-serving declarations and opinions of counsel

How later courts described this case

  • holding that courts should not decide the proper application of the doctrine of collateral estoppel solely on the basis of the self-serving declarations and opinions of counsel
  • discussing with approval court of appeal’s review of double jeopardy claim
  • "When a 'fact is not necessarily determined in a former trial, the possibility that it may have been does not prevent re-examination of that issue.’ "
  • the doctrine of collateral estoppel prohibits the State from relitigating issues

Written by the judges who cited it.

The opinion

MILLER, J.,

concurs with note: “I concur in the result reached in disposing of appellant’s ‘preliminary claim’ (page 249). I would prefer a ‘same offense’ analysis more along the lines of January v. State, 695 S.W.2d 215 (Tex.App.—Corpus Christi 1985), approved by this Court in January v. State, 732 S.W.2d 632 (Tex.Cr.App.1987). I join the rest of the majority opinion.”

TEAGUE, J., dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.