State v. Gunnell

{¶ 1} This case has been litigated on three separate occasions and, after each conviction, the Second District Court of Appeals has found reversible error. Most recently, the appellate court concluded that jeopardy had attached and that the guilty verdicts must be reversed. We are compelled to agree.

{¶ 2} For the reasons that follow, we hold that the trial judge erred during the second trial by improperly declaring a mistrial and that the Double Jeopardy Clause bars the retrial of the appellee, Toneisha Gunnell. Accordingly, the judgment of the court of appeals is affirmed to the extent it…