Ex Parte Masonheimer

OPINION

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

Almost six years ago, appellee was charged with murder. The State seeks to try him a third time after the first two proceedings were terminated prior to final judgment at appellee’s request. Viewed in the light most favorable to the trial court’s ruling, the evidence supports a finding that appellee’s mistrial motions, which resulted in the termination of the first two proceedings prior to verdict, were provoked primarily by the State’s intentional failure to disclose exculpatory evidence1 with the specific intent to…