Commonwealth v. Murray

During an opening statement before a jury of six, defense counsel made remarks which provoked a motion for a mistrial. After consultation with counsel and exploration of alternatives,1 the trial judge declared a mistrial. Before the commencement of a second jury trial (the defendant had been found guilty at a bench trial), the defendant moved before another District Court judge for dismissal of the complaint on the ground of double jeopardy. That motion was allowed. Following Arizona v. Washington, 434 U.S. 497 (1978), Jones v. Commonwealth, 379 Mass. 607 (1980), and Lovett v. Commonwealth,…