[Download] "State Texas v. David Mark Nash" by Seventh District, Amarillo Court of Appeals of Texas * eBook PDF Kindle ePub Free

eBook details

Title: State Texas v. David Mark Nash
Author : Seventh District, Amarillo Court of Appeals of Texas
Release Date : January 21, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

This is a case requiring a detailed consideration of the distinction between the application of the doctrine of collateral estoppel and the constitutional prohibition against placing a defendant twice in jeopardy for the same offense, as well as the requirements for invoking the respective preclusions. In two points of error, the State appeals from an order dismissing, with prejudice, its complaint against appellee, David Mark Nash. The State contends that the trial court erred in its application of the doctrine of collateral estoppel in dismissing the complaint, and not submitting Nashs special plea of double jeopardy to the jury for a determination of the fact issues. For reasons hereinafter expressed, we reverse the judgment of the trial court and remand the cause to the trial court.