Court of Criminal Appeals of Texas

Dismissal of a murder case is affirmed where, under the unique facts of the case, a third prosecution was jeopardy-barred under state and federal constitutions as evidence supported a finding that defendant's mistrial motions, which resulted in termination of two earlier proceedings prior to verdict, were provoked by the state's intentional failure to disclose exculpatory evidence with the specific intent to avoid an acquittal at the earlier proceeding.

Appellate Information

• Decided 03/21/2007
• Published 03/21/2007

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Colby D. Smith, Fort Worth, for Appellant., Patricia K. Dyer, Asst. D.A., Abilene, Matthew Paul, State's Attorney, Austin, for State.