Ex Parte Joseph Brown, Appellant v. the State of Texas, Appellee

Summary

The Court held that the trial judge abused his discretion by declaring a mistrial without adequately considering less drastic alternatives, finding no manifest necessity and therefore barring retrial on double jeopardy grounds. The Court of Appeals judgment was reversed and the case remanded for an order discharging the appellant. A dissent argued that the trial judge did consider alternatives and that the majority improperly substituted its judgment.