Ortega v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the proper double jeopardy inquiry is to look solely to the statutory elements of the offenses to determine if they are the same
• holding that court of appeals erred by employing “same conduct” analysis
• holding that court of appeals erred by employing \same conduct\ analysis
• recognizing overturning of Grady, and reversing court of appeals which had relied on its logic to find double jeopardy violation
• concluding appellant’s prior conviction for resisting arrest and later conviction for assault arising from the same conduct did not violate the Double Jeopardy Clause because each offense required proof of at least one fact that the other did not
• holding offenses of assault on a public servant and resisting arrest were not the same for double jeopardy purposes because they each required proof of at least one fact that the other did not

Source: CourtListener parenthetical corpus (CC0).

Cited by

47 cases in this archive cite this case; the 20 most cited are listed.

• Ex Parte Watson
  Court of Criminal Appeals of Texas· 2009-12-16· cited 205×
• Littrell v. State
  Court of Criminal Appeals of Texas· 2008-10-15· cited 193×
• Pomier v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2010-10-21· cited 96×
• In Re Shaw
  Tex. App. Ct., 6th Dist. (Texarkana)· 2006-09-26· cited 61×
• Dunklin v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 2006-04-28· cited 61×
• Girdy v. State
  Court of Criminal Appeals of Texas· 2006-11-01· cited 56×
• Miles v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2008-06-03· cited 51×
• Ortega v. State
  Tex. App. Ct., 13th Dist.· 2006-11-22· cited 29×
• McCrary v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2010-11-02· cited 22×
• Ephraim v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2007-10-24· cited 14×
• State v. Guzman
  Tex. App. Ct., 3rd Dist. (Austin)· 2005-12-08· cited 10×
• Milner v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-02-28· cited 8×
• Washington v. State
  Court of Appeals of Texas· 2010-08-31· cited 6×
• Wilson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-02-27· cited 5×
• Ex parte Desormeaux
  Court of Appeals of Texas· 2011-11-16· cited 3×
• Robert Ortega v. William Stephens, Director
  Fifth Circuit· 2015-04-09· cited 1×
• Wendell Marquise Washington v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2010-08-31· cited 1×
• Jason Bernard Wilson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2007-08-02
• Bruce Glenn Milner v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-02-28
• Bobby Clifford Smith v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2005-10-27

Cites

5 cases in this archive are cited by this case.

• Blockburger v. United States
  Supreme Court· 1931-12-11· cited 10,676×
• United States v. Dixon
  Supreme Court· 1993-06-28· cited 2,221×
• Grady v. Corbin
  Supreme Court· 1990-05-29· cited 1,620×
• Illinois v. Vitale
  Supreme Court· 1980-06-19· cited 1,215×
• Ortega v. State
  Tex. App. Ct., 13th Dist.· 2004-04-01· cited 10×