Texas Health and Safety Code 841.064 – Retrial
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(a) A trial following a mistrial must commence not later than the 90th day after the date a mistrial was declared in the previous trial, unless the later trial is continued as provided by § 841.063.
(b) If an appellate court remands the case to the trial court for a new trial, the judge shall commence the retrial not later than the 90th day after the date the appellate court remanded the case. The retrial may be continued as provided by § 841.063.
Terms Used In Texas Health and Safety Code 841.064
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.