State v. Thomas

Thompson, Justice.

Defendant Michelle Thomas filed a plea of former jeopardy in this case following the grant of a motion for mistrial. The trial court granted Thomas’ plea and the State appeals. We affirm.

Thomas was charged with murder, felony murder, and aggravated assault. The State presented its case in chief and rested. The next day Thomas began to present her case. She did not deny that she had caused the victim’s death; however, she asserted a defense of battered women’s syndrome, relying on the testimony of an expert witness.

During the State’s cross-examination of the expert, the…