Ex Parte Merle Lester Pritzkau, 391 S.W.3d 185

Pritzkau drove into another vehicle; deaths occurred to two occupants.
He pleaded no contest to Ran Stop Sign, paid fine, and completed deferred adjudication; case dismissed.
Six months later, the State indicted him on two counts of criminally negligent homicide.
Pritzkau sought pretrial habeas corpus; trial court denied.
Court applied cognate-pleadings test, held traffic offense not a lesser-included offense; double jeopardy not bar.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is Ran Stop Sign a lesser-included offense of negligent homicide?	Pritzkau argues traffic offense is subsumed by homicide.	State argues no, under cognate-pleadings; facts do not show functional equivalence.	No; traffic offense not functionally equivalent; cognate-pleadings not satisfied.
Does double jeopardy bar a subsequent prosecution when offenses are not the same offense?	Double jeopardy should bar if lesser offense is embedded in greater offense.	Different elements; no bar under cognate-pleadings.	Not barred; elements are not identical or deducible as lesser offense.
Can the indictment and its elements lead to deduction of the lesser offense under the functional-equivalence test?	Facts alleged could show running stop sign proves negligence elements.	Indictment does not set forth all elements to deduce the lesser offense.	Indictment does not provide functional equivalence; not a lesser offense.

Ex parte Weise, 55 S.W.3d 617 (Tex. Crim. App. 2001) (pretrial habeas corpus standard of review)
Kniatt v. State, 206 S.W.3d 657 (Tex. Crim. App. 2006) (facts reviewed in light most favorable to trial court)
Ex parte Desormeaux, 353 S.W.3d 897 (Tex. App.—Beaumont 2011) (habeas corpus review standards)
Rice v. State, 333 S.W.3d 140 (Tex. Crim. App. 2011) (cognate-pleadings approach to lesser-included offenses)
Ex parte Watson, 306 S.W.3d 259 (Tex. Crim. App. 2009) (cognate-pleadings; elements necessary for lesser offense)
McKithan v. State, 324 S.W.3d 582 (Tex. Crim. App. 2010) (functional-equivalence analysis for lesser-included offenses)
Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (cognate-pleadings framework; notice and elements)
Brown v. Ohio, 432 U.S. 161 (U.S. 1977) (same-offense concept and double jeopardy limits)
United States v. Dixon, 509 U.S. 688 (U.S. 1993) (rejected same-conduct test; adopt functional-equivalence approach)
Harris v. Oklahoma, 433 U.S. 682 (U.S. 1977) (compounded offense; underlying offenses and double jeopardy)
Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008) (statutory blocks around same-offense analysis)