Commonwealth v. Scott

LAMBERT, Chief Justice.

After jeopardy has attached in a criminal trial, a mistrial may not be declared unless there is a manifest necessity. For reasons of perceived hostility from a juror, the Commonwealth sought and was granted a mistrial. The Court of Appeals reversed the subsequent conviction on former jeopardy grounds, and the Commonwealth sought review in this Court, contending that the manifest necessity standard has been met, and that the Court of Appeals’ conclusion to the contrary was erroneous.

The issue here arose as follows. At Lashawndrick Scott’s first trial, during Officer…