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EX PARTE PETERSON

No. 0201-02.

117 S.W.3d 804 (2003)

Ex Parte James Michael PETERSON, Appellee.

Court of Criminal Appeals of Texas.

October 8, 2003.

Attorney(s) appearing for the Case

Deric King Walpole, McKinney, for Appellant.

John A. Stride, Asst. DA, McKinney, Matthew Paul, State's Attorney, Austin, for State.

OPINION

PER CURIAM.

In this case we clarify the standards under which the Texas constitutional double jeopardy provision, as explained in Bauder v. State,1 prohibits a retrial after the defense successfully requests a mistrial. Here, the trial judge granted defendant's motion for mistrial when the prosecutor asked a question of her first witness that appellant claimed was improper. The defense then filed a pretrial...

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