A guy evades from the police at high speeds, he's been drinking, runs into a house causing over $50k in damage, and he lies on the stand. Jury finds him guilty of evading w/a deadly weapon and sentences him to 4 years TDC. Court of Appeals says, no lights or sirens, no evading, reversed and rendered. Can I try this guy for aggravated perjury even though he is "not guilty" of the crime in the underlying trial? thoughts...suggestions...thanks!

Were the perjury charges brought immediately after the trial, or are you asking if now that the underlying case didn't go the way you hoped it would on appeal whether you can try again with perjury? If the latter, it has a vindictive feel to it - even if it's a good crime, is that what you want to read about in the paper considering the timing of the charges? If the former, then I don't see why you can't proceed (if you have the evidence to do so).

Interesting question. Gretchen rightly raises the perception of prosecutorial vindictiveness. On the one hand, bringing perjury charges only because you lost the case could be interpreted as chilling a defendant's right to appeal. On the other hand,the defendant committed the perjury before he appealed and he also faced the possibility of a perjury charge no matter whether he appealed.
Take a look at Hood v. S., 185 SW3d 445 (CCA 2006) & Neal v. S., 150 SW3d 169 (CCA 2004). They indicate what you will need to do in the face of a challenge on grounds of PV.

Please also check your private messages.

This message has been edited. Last edited by: John A. Stride,

Don't forget your SOL on aggravated perjury is only 2 years...