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EX PARTE HUNTER

No. PD-1047-08.

297 S.W.3d 292 (2009)

Ex parte Jason Wayne HUNTER, Appellant.

Court of Criminal Appeals of Texas.

September 16, 2009.

Attorney(s) appearing for the Case

Lori Nicole Chism, Mt. Pleasant, for appellant.

David Colley, D.A., Mt. Pleasant, Jeffrey L. Van Horn, State's Atty., Austin, for State.

OPINION

PRICE, J., delivered the opinion for a unanimous Court.

When it was discovered early in the course of the appellant's trial for aggravated sexual assault that one of the jurors had served on the grand jury that originally indicted him, the trial court sua sponte declared a mistrial. The Texarkana Court of Appeals, with one justice dissenting, held that the State's attempt to try the appellant a second time following the mistrial violated...

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