State v. Mathis

MURPHY, Judge.

*651 When a non-capital defendant's trial counsel fails to object, or consents, to a sua sponte mistrial declared for "manifest necessity," the trial judge's decision to declare the mistrial is unpreserved and not subject to appellate review. However, where related ineffective assistance of counsel claims are raised alleging that but for counsel's failure to object to the mistrial, a defendant would not have been subjected to double *652 jeopardy, we review these claims under the framework announced by the U.S. Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 ,…