Ex Parte Samuel Bauder, Appellant

Summary

The Texas Court of Criminal Appeals reversed the San Antonio Court of Appeals and remanded for further consideration of the appellant's state constitutional double jeopardy claim, holding that the Texas Constitution may bar a retrial when prosecutorial misconduct either intended to induce a mistrial or was knowingly reckless, and that the trial judge's grant of a mistrial is not subject to appellate review. Justice Keller dissented, arguing the appellate court applied the correct standard, and Justice Baird concurred, cautioning about the distinction between ordinary error and prosecutorial overreaching.