Ex Parte James Rathmell

Summary

The Court reversed the Court of Appeals and denied the applicant's pre‑trial habeas corpus petition, holding that a writ of habeas is a proper vehicle for a double‑jeopardy claim and that the State may prosecute the applicant for the second death because each death constitutes a separate offense. Justice Onion and Justice Clinton dissented, arguing that the writ is improper and that the second prosecution is barred by double jeopardy.