State v. Williams

The issue in this case and in the companion case of State v. Brown, 48 Or App 223, 616 P2d 582 (1980) is whether jeopardy has attached and prohibits a retrial when, in defendant’s first trial, due to the bailiff’s inadvertent error, the jury saw the defendant in handcuffs and the trial court granted the defendant’s subsequent motion for mistrial. The trial court in the present case held that jeopardy had attached and dismissed. We reverse. We hold that the bailiff’s negligent mistake in this case is not judicial misconduct which precludes a retrial of the defendant. State v. Rathbun, 287 Or…