Minor, Ex Parte Juliane Myra
PD-0997-15
| Tex. App. | Sep 14, 2015Background
- Minor allowed her unlicensed sixteen-year-old son to drive her vehicle; he caused a fatal crash resulting in death of an unborn child.
- Minor was cited for permitting an unauthorized person to drive under the Texas Transportation Code and paid fines.
- Minor was indicted for criminally negligent homicide under Penal Code §19.05; indictment alleged death caused by criminal negligence via allowing an unlicensed juvenile to drive.
- Minor filed a pretrial writ of habeas corpus alleging double jeopardy violations; district court denied relief.
- Court of Appeals affirmed; petition seeks discretionary review on whether double jeopardy protections were violated and whether the lower court applied proper analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court of appeals erred by analyzing the offense with Blockburger without applying pleading rules | Minor argues pleading rules for criminal negligence require more specific allegations | State argues Blockburger suffices for double jeopardy analysis | Error; Blockburger alone inadequate; must apply Ervin factors; remand |
| Whether the court of appeals properly limited analysis to Blockburger | Minor contends Ervin factors should govern, not just Blockburger | State contends Blockburger analysis is sufficient | Error; Ervin factors required; remand |
| Does this case violate double jeopardy under the Texas Constitution | Minor asserts greater state protection against double jeopardy | State argues no clear Texas constitutional violation under current record | Not resolved on record; issue to be addressed on complete record |
Key Cases Cited
- Ervin v. State, 991 S.W.2d 804 (Tex. Crim. App. 1999) (distinguishes multiple prosecution vs. multiple punishment double jeopardy)
- Garfias v. State, 424 S.W.3d 54 (Tex. Crim. App. 2014) (applies Blockburger and related double jeopardy analysis)
- Minor v. State, No. 13-14-00161-CR, 2015 WL 4523812 (Tex. App. June 25, 2015) (unpublished opinion cited for context of case on appeal)
- Blockburger v. United States, 284 U.S. 299 (1932) (same-elements test for double jeopardy)
- Ex parte Watson, 306 S.W.3d 259 (Tex. Crim. App. 2009) (method for determining lesser-included offenses in Texas)
- Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (applies when determining lesser-included offenses under Texas law)
- Meru v. State, 414 S.W.3d 163 (Tex. Crim. App. 2013) (indictment may allow deduction of elements from facts; principle for lesser-included analysis)