Ex Parte Swanda Marie Lewis

EX PARTE LEWIS

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-02-126-CR

EX PARTE

SWANDA MARIE LEWIS

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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY

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OPINION ON REMAND

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INTRODUCTION

On January 16, 2003, we issued our opinion reversing the trial court’s denial of pretrial habeas relief. Because we concluded that the State’s repeated use of Appellant’s post-arrest silence constituted impermissible prosecutorial conduct, we held that the trial court abused its discretion in denying Appellant’s application for writ of habeas corpus on double jeopardy…