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EX PARTE MATHES

No. 685-88.

830 S.W.2d 596 (1992)

Ex parte Thomas Smith MATHES, III.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied June 3, 1992.

Attorney(s) appearing for the Case

William E. Hall, Jr. and George E. Renneberg, Conroe, for appellant.

Peter C. Speers, III, Dist. Atty., Thomas D. Glenn, Asst. Dist. Atty., Conroe, and

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The question in this capital case is whether, after a jury has previously found guilt for killing one victim, but determined that there is no probability that appellant would commit criminal acts of violence that would constitute a continuing threat to society, the State could constitutionally hale him before a new jury to litigate that issue again in another capital murder case for killing...

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