Ex Parte Wheeler

OPINION ON REMAND

TERRIE LIVINGSTON, Justice.

In November 2001, we issued our opinion reversing the trial court’s denial of habeas relief on direct appeal. Because we determined that the State knew or should have known that its question on fault findings in a separate insurance investigation would likely result in a mistrial, we granted appellant’s special plea on double jeopardy grounds. We rendered judgment granting appellant habeas relief and dismissed her case with prejudice to refiling because of the mistrial.

On the State’s petition for review, the Texas Court of Criminal Appeals vacated…