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EX PARTE BENNETT

No. 2-07-104-CR.

245 S.W.3d 616 (2008)

Ex Parte Michael Joseph BENNETT.

Court of Appeals of Texas, Fort Worth.

January 10, 2008.

Attorney(s) appearing for the Case

Anthony C. Odiorne, Wichita Falls, for appellant.

Barry L. Macha, Crim. Dist. Atty., John W. Brasher, Ed Lane, Asst. Crim. Dist. Attys., Wichita County, for state.

PANEL F: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

OPINION

DIXON W. HOLMAN, Justice.

I. INTRODUCTION

Appellant Michael Joseph Bennett appeals the trial court's denial of relief on his pre-conviction application for writ of habeas corpus. In a single issue, Bennett argues that his retrial following a mistrial violates the state and federal constitutional protections against double jeopardy because the State elicited testimony from two witnesses that was intended to provoke him into moving for the...

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