Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Jeremy Mungia, Appellee

November 5, 20032003 Tex. Crim. App. LEXIS 709

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals and remanded, holding that a trial court lacks authority to dismiss an indictment without the State’s consent when no constitutional violation has occurred, even to protect a defendant from retaliation. The court also found no Eighth Amendment violation and noted that alternative remedies were available.