Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Double Jeopardy and Intoxication Assault

Following a traffic accident in which he struck a motor cyclist, the appellant in Ex parte Watson pled no contest to a misdemeanor charge of failing to yield the right of way while attempting to turn left. Later, he was indicted for the felony offense of intoxication assault.  He interposed a double-jeopardy objection via a pretrial application for writ of habeas corpus, but the trial court denied relief the Court of Criminal Appeals affirmed.

The appellant argued that the Court of Criminal Appeals ruling on that original submission was not faithful to the cognate pleadings approach adopted in Hall.  Under the cognate pleadings approach, the elements and the facts alleged in the charging instrument are used to find lesser-included offenses.  The Court of Criminal Appeals ruled that the descriptive averment in the intoxication-assault indictment, "failing to yield the right of way while turning left," did not constitute an element of the offense, but only a means by which the offense was accomplished.

The conduct alleged in the indictment was not sufficiently detailed or complete to deduce the elements of the lesser offense.  

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions