Ex Parte Lewis

OPINION ON REMAND

ANNE GARDNER, Justice.

INTRODUCTION

On January 16, 2003, we issued our opinion reversing the trial court’s denial of pretrial habeas relief. Because we concluded that the State’s repeated use of Appellant’s post-arrest silence constituted impermissible prosecutorial conduct, we held that the trial court abused its discretion in denying Appellant’s application for writ of habeas corpus on double jeopardy grounds. We rendered judgment dismissing Appellant’s case with prejudice because of the mistrial.

On the State’s petition for discretionary review, the Texas Court of Criminal…