Court of Criminal Appeals of Texas

Samuel B. Hill, Appellant v. the State of Texas

November 6, 20022002 Tex. Crim. App. LEXIS 213

Summary

The Court affirmed the Court of Appeals' reversal of Hill's capital murder conviction, holding that Hill properly preserved his double jeopardy claim, that the trial judge's mistrial was not manifest necessity because the trial could have proceeded with eleven jurors, and that an abatement to obtain in‑chambers evidence was futile. Justice Cochran dissented, arguing the claim lacked evidentiary support and that the judge could lawfully declare a mistrial.