In a death penalty case, for a 1981 capital murder conviction that was commuted to life by the Court of Criminal Appeals in 1985 because of insufficient evidence on the future danger question, if the now life sentence is reversed and remanded by the 5th Circuit on an ineffective assistance of counsel claim, is the State barred from seeking the death peanlty?

Ex parte Mathes
COURT OF CRIMINAL APPEALS OF TEXAS
830 S.W.2d 596

April 8, 1992, DELIVERED

PROCEDURAL POSTURE: The state challenged the decision of the Ninth Court of Appeals, Montgomery County (Texas), which overruled the trial court and found that the state was collaterally estopped from pursuing the death penalty against defendant.