Ex Parte Watkins

OPINION

DAY, Justice.

I. INTRODUCTION

This is an appeal following the trial court’s denial of Appellant Jimmy Dean Watkins’s request for habeas relief pending his trial for attempted capital murder or attempted murder. Appellant argues that a trial on attempted capital murder or attempted murder is precluded by collateral estoppel and double jeopardy due to his previous conviction for the murder of his wife. We reverse the trial court’s order.

II. BACKGROUND

On December 22, 1998, Appellant drove to his home and shot his estranged wife and her lover Keith Fontenot. His wife died, but Fontenot…