State v. Calhoun

While the appeal is from the judgment holding that this defendant cannot be retried, the challenge is to the exercise of discretion by the trial court in granting defendant’s motion for mistrial and directing that defendant be retried. In reviewing the facts and circumstances surrounding the trial court’s granting of defendant’s motion for mistrial, we deal (1) with the consequences of a less than complete compliance with a demand for disclosure under Wisconsin law, and (2) with the applicability of double jeopardy provisions of the state 1 and federal 2 constitutions, as controlled and…