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EX PARTE KELLY

No. 07-85-0086-CR.

713 S.W.2d 399 (1986)

Ex parte Larry Desmond KELLY.

Court of Appeals of Texas, Amarillo.

Rehearing Denied August 18, 1986.

Attorney(s) appearing for the Case

Tom Upchurch, Jr. and Associates, Tom Upchurch, Jr., Amarillo, for appellant.

Bill Baumann, Co. Atty., Chris Kloeris, Asst. Co. Atty., Amarillo, for appellee.

Before REYNOLDS, C.J., and DODSON and COUNTISS, JJ.

REYNOLDS, Chief Justice.

Appellant Larry Desmond Kelly brings this appeal from a judgment denying his application for writ of habeas corpus to bar his retrial for the offense of delivery of a controlled substance. A retrial is barred, he contends, by the State and Federal constitutional prohibition against double jeopardy, because prosecutorial misconduct, discovered after his previous conviction for the same offense was reversed on another ground, deprived him of...

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