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Ex Parte Taylor
Texas Court of Criminal Appeals
101 S.W.3d 434 (2002)
Philip Taylor (defendant) lost control of his car and collided with an oncoming car. Taylor and the other driver were seriously injured. Two passengers in Taylor’s car were killed. Tests showed the presence of alcohol and marijuana in Taylor’s blood. The state (plaintiff) did not oppose Taylor’s motion in limine excluding evidence of marijuana. At trial, a toxicology expert testified that Taylor’s blood-alcohol level was below the legal limit at the time of the accident. The jury acquitted Taylor of intoxication manslaughter and reckless manslaughter of one of the passengers. The state dismissed the charges against Taylor regarding the other passenger. The state then found a witness who stated that Taylor had smoked marijuana the day of the accident. The state sought to retry Taylor on the alternate theory that Taylor’s marijuana consumption or a combination of marijuana and alcohol consumption caused the accident. The trial court denied Taylor’s pretrial writ of habeas corpus arguing that collateral estoppel barred retrial of Taylor’s intoxication. The intermediate appellate court reversed. The state appealed.
Rule of Law
Holding and Reasoning (Cochran, J.)
Dissent (Hervey, J.)
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