Ex Parte Hunter

OPINION

When it was discovered early in the course of the appellant’s trial for aggravated sexual assault that one of the jurors had served on the grand jury that originally indicted him, the trial court sua aponte declared a mistrial. The Texarkana Court of Appeals, with one justice dissenting, held that the State’s attempt to try the appellant a second time following the mistrial violated double jeopardy. 1 We granted the State’s petition for discretionary review in order to decide whether the State satisfied its burden to establish manifest necessity for the mistrial.

Since we granted…