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| {{DISPLAYTITLE:Article I, Section 14 of the Texas Constitution (''<small>"Double Jeopardy"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | | {{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. |
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| '''No person, for the same offence, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offence, after a verdict of not guilty in a court of competent jurisdiction.'''
| | ==review== |
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| | Jones v. Alexander 59 S.W.2d 1080 (Tex. 1933) |
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| Note that the Fifth Amendment to the federal constitution reads in part: "[N]or shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb."
| | stone v brown 54 tex 330 re 1881 arb commission |
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| | Dabney, Judicial Reconstruction (Draft of a Revision of Art. V of the Constitution of Texas) (1928) 6 TEXAS LAw REVIEw 302 |
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| * ''Ex parte Lewis'', 219 S.W.3d 335, [https://scholar.google.com/scholar_case?case=14311388527069787040#p336 336-37] (Tex.Crim.App. 2007) (footnotes omitted) ("In ''Bauder v. State'', we interpreted the Double Jeopardy provision of the Texas Constitution more expansively, to cover 'reckless' conduct, holding that retrial would also be barred 'when the prosecutor was aware but consciously disregarded the risk that an objectionable event for which he was responsible would require a mistrial at the defendant's request.' We granted review to reexamine ''Bauder's'' holding. We conclude that ''Bauder'' should be overruled and that the proper rule under the Texas Constitution is the rule articulated by the United States Supreme Court in ''Oregon v. Kennedy''.")
| | The complete Proposed Amendment is printed in (1946) 9 TEX. BAR . 347-354. According to a note, p. 351, the proposal has not been endorsed by the State Bar of Texas or any official agency thereof and it is not contemplated that it will come before the Directors of the State Bar this year for any official action. The plan also appears in the Council's Eighteenth Annual Report to the Governor and the Supreme Court (1946) 50-59. |
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| * ''Stephens v. State'', 806 S.W.2d 812, [https://scholar.google.com/scholar_case?case=4366008416892929287#p814 814-15] (Tex.Crim.App. 1990) (citations omitted) ("The prohibition against double jeopardy is found in the Fifth Amendment to the United States Constitution. A similar provision may be found in Art. I, § 14 of the Texas Constitution. The Fifth Amendment prohibition against double jeopardy is fully applicable to the States through the Fourteenth Amendment. Conceptually, the State and Federal double jeopardy provisions are identical. . . . The central issue in this case was reserved by the Supreme Court in ''Greene v. Massey'', namely, whether appellate reversal of a conviction for a greater offense precludes retrial for a lesser offense.")
| | 103 Tex. L. Rev. 227 (2024-2025) Standing in Texas: Exploring Standing under the Original Meaning of the Texas Constitution |
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| * ''Thomas v. State'', 40 Tex. 36, [https://texaslegalguide.com/images/040_Tex_36.pdf#page=3 38] (1874) ("The right to interpose this ground of defense is not derived from the code, but from the constitution. It is a right secured to the citizen by all of our American constitutions, which declare that 'no person for the same offense shall be twice put in jeopardy of life,' etc. Const. art. 1, sec. 12. This right had been established . . . . Its meaning and the extent of its application had also been settled by that law, both in England and America, before Texas had existence as a state. When, then, this right was declared in the constitution, it is undoubtedly presumed that the same construction and application of it was designed to be secured.")
| | https://texaslawreview.org/standing-in-texas-exploring-standing-under-the-original-meaning-of-the-texas-constitution/ |
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| |seo_title=Article I, Section 14 of the Texas Constitution ("Double Jeopardy")
| | ==add== |
| |seo_keywords=Article 1 Section 14, Texas Bill of Rights, double jeopardy
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| |seo_description=This section declares that "[n]o person, for the same offence, shall be twice put in jeopardy of life or liberty."
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| |seo_image_alt=Texas Bill of Rights
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| | TSC 24-0426 IN RE DALLAS COUNTY |
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| [[Category:Texas Bill of Rights]]
| | TSC 23-0192 |
| [[Category:Criminal Procedure]]
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| [[Category:TxCon ArtI Sec]] | | TSC 24-0573 |
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| | == uncon !!! == |
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| | Shipley v. Harris County Democratic Executive Comm., 795 S.W.2d 766, 768 (Tex.App.-Houston [1st Dist.] 1990, orig. proceeding) (O'Connor dissenting) |
This page is available for comment and discussion regarding the page Article V of the Texas Constitution.
review
Jones v. Alexander 59 S.W.2d 1080 (Tex. 1933)
stone v brown 54 tex 330 re 1881 arb commission
Dabney, Judicial Reconstruction (Draft of a Revision of Art. V of the Constitution of Texas) (1928) 6 TEXAS LAw REVIEw 302
The complete Proposed Amendment is printed in (1946) 9 TEX. BAR . 347-354. According to a note, p. 351, the proposal has not been endorsed by the State Bar of Texas or any official agency thereof and it is not contemplated that it will come before the Directors of the State Bar this year for any official action. The plan also appears in the Council's Eighteenth Annual Report to the Governor and the Supreme Court (1946) 50-59.
103 Tex. L. Rev. 227 (2024-2025) Standing in Texas: Exploring Standing under the Original Meaning of the Texas Constitution
https://texaslawreview.org/standing-in-texas-exploring-standing-under-the-original-meaning-of-the-texas-constitution/
add
TSC 24-0426 IN RE DALLAS COUNTY
TSC 23-0192
TSC 24-0573
uncon !!!
Shipley v. Harris County Democratic Executive Comm., 795 S.W.2d 766, 768 (Tex.App.-Houston [1st Dist.] 1990, orig. proceeding) (O'Connor dissenting)