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EX PARTE NECESSARY

No. 01-10-00734-CR.

333 S.W.3d 782 (2010)

Ex parte Craig Allen NECESSARY, Appellant.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing En Banc Overruled February 8, 2011.

Attorney(s) appearing for the Case

L.T. "Butch" Bradt , Teltschik Associates, P.C., Houston, TX, for Appellant.

Alan Curry , Chief Prosecutor, Appellate Division, Harris County District Attorney's Office, Patricia R. Lykos , Harris County District Attorney, Houston, TX, for appellee.

Panel consists of Chief Justice RADACK and Justices MASSENGALE and COX.

OPINION

MICHAEL MASSENGALE, Justice.

Appellant Craig Allen Necessary has been charged with assault against a person with whom he had a dating relationship. Based on the same underlying factual allegations, Necessary has also been prohibited from certain conduct relating to the complainant in a magistrate's order for emergency protection. He sought pretrial habeas corpus relief from prosecution, arguing that the Double Jeopardy Clause of the Fifth Amendment...

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