Ex Parte Rathmell

That the Supreme Court of Tennessee recently decided to reject principle in favor of expediency is no reason to change the law of jeopardy in Texas. To resolve the issue presented here the majority need only to look to and apply principles of jeopardy laid down in our own Constitution, statutes and decisions. It will find that the result oriented decision in Tennessee is contrary to those principles.1

Recasting earlier proscriptions against double jeopardy, the Constitution of 1876 provides guarantees unknown at common law and broader than pleas of autrefois acquit and autrefois convict, viz:

“N…