Sullivan v. State

OPINION

O’CONNOR, Justice.

This case presents a serious question about the application of the provision of the fifth amendment to the United States Constitution, which declares no person shall “be subject for the same offence to be twice put in jeopardy of life or limb....” 1

Donald Wayne Sullivan, the appellant, filed a pretrial application for writ of habeas corpus alleging the double jeopardy clause of the United States Constitution would be violated by trying him a third time for murder. After receiving evidence at hearing, the trial court denied the appellant habeas corpus relief. We affirm.