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EX PARTE PADGETT

No. 05-84-00125-CR.

673 S.W.2d 303 (1984)

Ex parte Calvin Loyd PADGETT, Relator.

Court of Appeals of Texas, Dallas.

Dissenting Opinion May 23, 1984.

Attorney(s) appearing for the Case

Jerry Birdwell, Dallas, for relator.

Charles M. Cobb, Carles C. Bailey, Mount Pleasant, for respondent.

Before the Court En Banc.

ALLEN, Justice.

This appeal is taken from an order of Criminal District Court No. 5 which denied habeas corpus relief. The relator contends that the trial court erred by refusing to grant his pre-trial special plea of former jeopardy and by refusing to prohibit the State from seeking the death penalty in Cause No. F-88-86740-L. Appeal was brought to this court under the authority of Ex parte Robinson, 641 S.W.2d 552, 555...

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