Ex parte Kelly

REYNOLDS, Chief Justice.

Appellant Larry Desmond Kelly brings this appeal from a judgment denying his application for writ of habeas corpus to bar his retrial for the offense of delivery of a controlled substance. A retrial is barred, he contends, by the State and Federal constitutional prohibition against double jeopardy, because prosecutorial misconduct, discovered after his previous conviction for the same offense was reversed on another ground, deprived him of due process of law at his first trial. For the reasons to be stated, appellant’s five grounds of error directed to his double…