Ex Parte James Dale Broussard

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-416-CR

EX PARTE

JAMES DALE BROUSSARD

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FROM THE 362ND DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION 1

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Introduction

In this appeal, we must decide whether double jeopardy bars retrial of a defendant where the trial court denies the defendant’s motion for mistrial due to alleged prosecutorial misconduct but later orders a mistrial because the jury is deadlocked. We hold that, under the circumstances presented by this case, the answer is “no.” Accordingly, we affirm the trial court’s denial of Appellant’s…