Ex Parte Primrose

OPINION

LIVINGSTON, Justice.

The sole issue in this appeal is whether appellant’s capital murder prosecution is jeopardy barred after a State’s witness in appellant’s first trial invoked his right to remain silent after giving direct testimony and appellant’s request for a mistrial was granted. Because we find that a mistrial was not necessary at appellant’s request, we affirm the habeas court’s denial of relief.

I. BACKGROUND

In appellant’s first trial for the capital murder of Sharon Oliver, the State called former co-defendant Andrew Hood. Hood testified that he had been charged with the *777capita…