Lovett v. Commonwealth

The defendant appeals from a determination by a District Court judge sitting in the jury-of-six session that there was manifest necessity for a mistrial based on defense counsel’s opening. She therefore allowed the Commonwealth’s motion for a mistrial. On appeal, the defendant bases his asser- tian that the judge erred when she found manifest necessity for a mistrial over the defendant’s objection oh three grounds: First, the judge should not have found defense counsel’s opening remarks so prejudicial to the Commonwealth as to necessitate a mistrial. Second, the judge inadequately explored…