Hill v. State

COCHRAN, J.,

filed a dissenting opinion

in which HOLCOMB, J., joined.

I respectfully dissent. First, I believe that appellant failed to produce evidence to support his double jeopardy claim. Second, I do not believe that a trial judge is required to proceed with eleven jurors under article 36.29(a) if a juror becomes disabled, rather he has discretion to declare a mistrial for manifest necessity.

I

The record shows that the parties picked a jury in this non-death penalty capital murder case on November 10th. The jury was sworn in at noon and told to return at 9:00 a.m. the next day for the start…