Ex Parte Philip Daniel Taylor, Appellant

Summary

The Court of Criminal Appeals of Texas affirmed the lower appellate court's decision that collateral estoppel bars the State from reprosecuting appellant for intoxication manslaughter of his second passenger, even though the second indictment alleged intoxication by marijuana or a combination of marijuana and alcohol. The majority held that the jury in the first trial necessarily found appellant was not intoxicated, and that fact cannot be relitigated. Justice Hervey dissented, arguing that the jury's general not‑guilty verdict does not necessarily preclude relitigation of intoxication by a different substance.