Ex Parte Fife

OPINION

LIVINGSTON, Justice.

In this habeas corpus proceeding we are asked to decide whether the trial court erred in sua sponte granting a mistrial because of the prosecutor’s violation of “the Rule” of sequestration by questioning witnesses previously placed under the Rule while in each other’s presence. Because we have determined the trial court erred in granting the mistrial on its own, we reverse the trial court’s denial of appellant’s habeas relief.

Facts

Appellant was charged with possession of a controlled substance with intent to distribute it. At the conclusion of voir dire, but before…