Ex Parte Andrew Lee Mitchell, Applicant

Summary

The Court affirmed the Court of Appeals judgment, holding that the double jeopardy clauses of both the Fifth Amendment to the United States Constitution and Article I, Section 14 of the Texas Constitution do not bar a retrial after a conviction is reversed on appeal due to prosecutorial misconduct. The decision relied on the continuing jeopardy doctrine and rejected the extension of Oregon v. Kennedy to such circumstances. Justice Baird dissented, arguing that any prosecutorial misconduct that taints a conviction should bar retrial, and two concurring judges offered brief comments on procedural matters.