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Ex Parte Dangelo

Tex. Crim. App.

June 21, 2012

The court of appeals reversed the trial court's denial of appellant's habeas corpus writ applications to the extent that the trial court's decision to incarcerate him was based on his refusal to answer questions on a polygraph examination conducted as part of mandated psychological therapy, but affirmed the trial court's denials of his writ applications in all other respects. Because double jeopardy precludes the state from any prosecution based on answers about the alleged offenses, the appellant has no Fifth Amendment right to refuse to answer legitimate questions that are a condition of his community supervision regarding those offenses. The court of appeals' judgment is affirmed. Court of Criminal Appeals, No. PD-0769-11, 06-20-2012.

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