Court of Criminal Appeals of Texas

Ex Parte James S. Masonheimer, Appellee

March 21, 20072007 Tex. Crim. App. LEXIS 373

Summary

The Court held that a third prosecution of James S. Masonheimer is barred by the Double Jeopardy Clause because the State intentionally withheld exculpatory evidence to avoid an acquittal, satisfying the Oregon v. Kennedy standard. The judgment of the Court of Appeals was reversed and the trial court's dismissal with prejudice was affirmed. The dissenting opinions argue that the Kennedy standard does not apply to the State's conduct.