OPINION
LIVINGSTON, Justice.
The sole issue in this appeal is whether appellant's capital murder prosecution is jeopardy barred after a State's witness in appellant's first trial invoked his right to remain silent after giving direct testimony and appellant's request for a mistrial was granted. Because we find that a mistrial was not necessary at appellant's request, we affirm the habeas court's denial of relief.
I. BACKGROUND
In appellant...
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