State v. Tyson

GEER, Judge.

Defendant Darrius Lavale Tyson contends on appeal that his right to equal protection of the law was violated because the trial court improperly denied his motion to be provided with a transcript before retrial after his first trial resulted in a mistrial. As the oral findings of the trial court do not reflect the legal standard required by controlling caselaw, we remand to the trial court for a new trial.

Defendant was indicted for robbery with a dangerous weapon. Defendant’s case first came on for trial on 21 February 2011. However, the jury was unable to reach a unanimous…