Ex parte Hayes

*722OPINION

LIVINGSTON, Justice.

The sole issue in this appeal is whether the recent opinion in Bander v. State, 921 S.W.2d 696 (Tex.Crim.App.1996), alters the rule that jeopardy does not attach under the Double Jeopardy Clause of the Texas Constitution1 until the petit jury is impaneled. David Brian Hayes appeals the trial court’s denial of habeas corpus relief, claiming that Bander changed the timing of jeopardy attachment in cases where the prosecution’s deliberate or reckless conduct requires a mistrial at the defendant’s request, and a mistrial is so granted. We disagree and affirm the trial…