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 of both the U.S. and Texas constitutions because the State’s intentional failure to disclose exculpatory evidence was intended to avoid an acquittal and therefore goaded the defendant into requesting mistrials. The decision affirms the trial court’s dismissal with prejudice and notes dissenting and concurring opinions.