Legal Opinion
Ex Parte Lewis
Court of Criminal Appeals of Texas
Decided January 10, 2007No. PD-0577-05PublishedCited by 445 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KellerKeller, P.J.
in which WOMACK, KEASLER, HERVEY, and COCHRAN, JJ., joined.
In Oregon v. Kennedy, the United States Supreme Court held that the Fifth Amendment’s Double Jeopardy Clause barred retrial after a defendant successfully moved for mistrial only when it was shown that the prosecutor engaged in conduct that was “intended to provoke the defendant into moving for a mistrial.”1 In *337Bauder v. State, we interpreted the Double Jeopardy provision of the Texas Constitution more expansively, to cover “reckless” conduct, holding that retrial would also be barred “when the prosecutor was aware but…
3Cases cited95 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Malik v. StateCourt of Criminal Appeals of Texas · 1997
90 more not listed; retrieve them via the Exa API.
4Cited by445 opinions
- Grey v. StateCourt of Criminal Appeals of Texas · 2009
- Darcy, Christopher EarlCourt of Criminal Appeals of Texas · 2016
- Ex Parte Aftab Ali, Texas Court of Appeals, 3rd District (Austin)2012
- Ex Parte MasonheimerCourt of Criminal Appeals of Texas · 2007
- Pierson, Leonard Jr.Court of Criminal Appeals of Texas · 2014
440 more not listed; retrieve them via the Exa API.