In Ex parte Mathes

In In Ex parte Mathes, 830 S.W.2d 596 (Tex. Crim. App. 1992), the Court held that collateral estoppel prevented the State from seeking to relitigate the issue of "future dangerousness" in a second capital murder trial when the first jury had determined that, based upon the evidence presented, the defendant did not pose a threat of future dangerousness. In that case, as the State aptly points out, the prosecution had stipulated that the evidence on future dangerousness would be the same in the second as in the first trial. The issue of future dangerousness, however, is not an immutable historical fact. Intervening events, acts, and conduct between a first capital murder trial and a second one might demonstrate that a person is likely to be more or less dangerous in the future than previously supposed. Thus, while collateral estoppel might, in a particular case, bar relitigation of the issue of future dangerousness, it might not.