Bauder v. State

I respectfully dissent. The record and conclusions of the trial judge, viewed objectively, indicate the prosecutor’s misconduct deprived the defendant of his jury. The United States Supreme Court set the federal double jeopardy standard for the defendant’s predicament, which Texas courts have so far interpreted to be consistent with the Texas Constitution: “Only where the governmental conduct in question is intended to ‘goad’ the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own…