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 pre‑trial writ of habeas is an appropriate vehicle for a double‑jeopardy claim and that the second prosecution for the death of the second woman is not barred by the Double Jeopardy Clause. Justice ONION and Justices CLINTON and TEAGUE filed dissenting opinions contesting the use of habeas and the conclusion that each death creates a separate offense.