Ex Parte Wheeler

OPINION

in which MEYERS, PRICE, WOMACK, JOHNSON, and HOLCOMB, JJ., joined.

In this manslaughter/criminally negligent homicide trial, the visiting judge granted a defense-requested mistrial when the prosecutor asked the defendant’s expert, “Are you aware that her [the defendant’s] insurance carrier found her at fault?” The defendant then filed a habeas corpus application, claiming that a second trial was barred by federal and Texas constitutional double-jeopardy principles. The trial court denied relief. The court of appeals held that “the prosecutor intentionally or recklessly caused the trial…