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Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction

by Douglas Ankney

The Texas Court of Criminal Appeals (“TCCA”) held that, although a subsequent indictment recited the same statutory language as the original indictment, the statute of limitations (“SOL”) was not tolled because the subsequent indictment failed to charge the same conduct, act, or transaction, as required by Hernandez ...

 

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