Brown v. State

OPINION ON APPELLANTS PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant’s trial ended when the trial judge sua sponte déclared a mistrial over appellant’s objection. Shortly before the second trial, appellant filed an application for writ of habeas corpus claiming retrial would violate the Constitutional prohibition against double jeopardy. U.S. Const., art. V. The habeas judge denied relief and the Court of Appeals affirmed. Ex parte Brown, 839 S.W.2d 164 (Tex.App.—Fort Worth 1992). We granted appellant’s petition for discretionary review to determine an important question of state or…