Wicker v. State

Carley, Judge.

Appellant was brought to trial before a jury on indictments for rape and numerous other offenses. During jury deliberations, it was discovered that an attorney who had aided the prosecution in the voir dire and selection of appellant’s jury was the same attorney who had previously held an interview with appellant regarding the possibility of representing him in the case. Upon this discovery, appellant’s defense counsel moved for a mistrial. The State immediately agreed to a mistrial and the trial court granted the motion. Subsequently, appellant filed a plea of former jeopardy.…