EX PARTE BAKER v. << (2025)

Court of Criminal Appeals of Texas.

EX PARTE Rickel Tonio BAKER, Jr., Appellant

NO. PD-0025-25, PD-0026-25, PD-0027-25

Decided: March 26, 2025

W. Troy McKinney, Houston, for Appellant.

Petition for Discretionary Review Refused.

“Because an interlocutory appeal is an extraordinary remedy,” appellate courts are careful “to ensure that a pretrial writ is not misused to secure pretrial appellate review” of matters that should not be before an appellate court at the pretrial stage.¹ Double-jeopardy claims are among the limited claims that are cognizable in a pretrial habeas proceeding.² But as the court of appeals held below, Appellant's double-jeopardy claim (via collateral estoppel) is without merit. At this time, we are not otherwise at liberty to pass on the validity of the State's prosecution, however inadvisable it may turn out to be.

FOOTNOTES

1. Ex parte Doster, 303 S.W.3d 720, 724 (Tex. Crim. App. 2010).

2. Ex parte Sheffield, 685 S.W.3d 86, 93 (Tex. Crim. App. 2023).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network