McNair v. Haywardd

OAKS, Justice:

After a jury convicted appellant of retail theft, the trial court granted him a new trial. Another judge denied his petition for writ of habeas corpus, and he has filed this appeal of that denial. In the midst of a plethora of unmeritorious collateral attacks on his conviction, appellant’s pro se brief argues that it would be double jeopardy to subject him to a second trial on the facts of this case. Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), which appellant does not cite, conclusively establishes that proposition if the issue is properly before us.…