McCullough v. State

Court of Criminal Appeals of Texas

McCullough v. State

720 S.W.2d 93, 1986 Tex. Crim. App. LEXIS 770

CourtCourt of Criminal Appeals of Texas

DecidedJune 18, 1986

DocketNo. 351-83

StatusPublished

Cited by2 cases

This text of 720 S.W.2d 93 (McCullough v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McCullough v. State, 720 S.W.2d 93, 1986 Tex. Crim. App. LEXIS 770 (Tex. 1986).

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Opinion

[94]*94OPINION ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

WHITE, Judge.

The State successfully petitioned¹ the United States Supreme Court for a writ of certiorari. 472 U.S. 1007, 105 S.Ct. 2699, 86 L.Ed.2d 716 (1985).

The Supreme Court, in reversing the judgment of this Court (on the State’s motion for rehearing), held that under the facts of this case, there was no presumption of vindictiveness. Consequently, in this case, the North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), presumption was inappropriate. 475 U.S. -, 106 S.Ct. 976, 89 L.Ed.2d 104, at 111 (1986).

Accordingly, the judgment of the trial court is affirmed.

TEAGUE, J., concurs in the result; however, he also agrees with the dissenting opinion that MARSHALL, J. of the Supreme Court filed in McCullough v. Texas, — U.S. —, 106 S.Ct. 976, 89 L.Ed.2d 104 (1986).

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[94]*94OPINION ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

WHITE, Judge.

The State successfully petitioned¹ the United States Supreme Court for a writ of certiorari. 472 U.S. 1007, 105 S.Ct. 2699, 86 L.Ed.2d 716 (1985).

The Supreme Court, in reversing the judgment of this Court (on the State’s motion for rehearing), held that under the facts of this case, there was no presumption of vindictiveness. Consequently, in this case, the North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), presumption was inappropriate. 475 U.S. -, 106 S.Ct. 976, 89 L.Ed.2d 104, at 111 (1986).

Accordingly, the judgment of the trial court is affirmed.

TEAGUE, J., concurs in the result; however, he also agrees with the dissenting opinion that MARSHALL, J. of the Supreme Court filed in McCullough v. Texas, — U.S. —, 106 S.Ct. 976, 89 L.Ed.2d 104 (1986).

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720 S.W.2d 93, 1986 Tex. Crim. App. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccullough-v-state-texcrimapp-1986.

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