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Criminal Procedure Keyed to Miller
Ex Parte Phillip Taylor
Citation:
101 S.W.3d 434 (Tex. Crim. App. 2002)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Taylor (defendant) was driving with his fiancee, Kyla Blaisdell, and her friend, Michelle James, when he lost control of the car and collided with an oncoming vehicle. Both of Taylor’s passengers died in the accident. At the hospital, tests of Taylor’s blood showed signs of alcohol and marijuana. The State agreed to bar any mention of marijuana during the trial since traces may linger for several days and there was no evidence that Taylor had smoked marijuana on that particular day. A toxicology expert testified that Taylor’s blood alcohol content at the time of the accident would have been between .07 and .09, below the legal limit.
The jury acquitted Taylor of all counts of intoxication manslaughter and reckless manslaughter of James. The State then dismissed Taylor’s indictment for causing Blaisdell’s death. After the trial, the State learned that Taylor allegedly told Blaisdell’s mother that he and the girls had been smoking marijuana the day of the accident. Based on this evidence, the State reindicted Taylor for intoxication manslaughter in causing Blaisdell’s death.
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