If a defendant is charged with intox. man. and she has 2 prior DWIs, can the case be refiled as felony murder? Also, will the jury get to hear about the priors before sentencing - possibly reading of indictment?

The general answers are "maybe" and "maybe". But I have to refer you to our user forum's rules:

"Welcome to the TDCAA Bulletin Boards. The discussions in these user forums are for the benefit of prosecutors and their staff members, although we welcome relevant and appropriate input from other members of the criminal justice and government lawyer community. These forums are NOT a source of legal advice for citizens. Call the State Bar of Texas (1-800-204-2222) for information on seeking legal advice."

For additional reading, you may access free copies of articles on felony murder DWI cases that have appeared in the Nov./Dec. 2005 and July/August 2006 issues of The Texas Prosecutor magazine, which can be accessed at this page:

TDCAA Prosecutor archives