Ex Parte Andrew Lee Mitchell, Applicant

Summary

The Court affirmed the Court of Appeals, holding that the State’s retrial of Andrew Lee Mitchell is not barred by the double jeopardy clause of either the United States Constitution or the Texas Constitution despite the prior conviction being vacated due to prosecutorial misconduct. The majority relied on the continuing jeopardy doctrine and the Oregon v. Kennedy framework, concluding that no mistrial occurred. The opinion was accompanied by several dissenting and concurring opinions, the principal dissent arguing that any intentional prosecutorial misconduct should bar retrial under double jeopardy.