State v. Vanderdussen

KIEHNE, Judge.

{1} Defendant appeals from the district court's order denying dismissal of the charges against him on double jeopardy grounds. The district court ruled that the magistrate court properly declared a mistrial based on manifest necessity, where a juror was discharged for stating that she could not be impartial after deliberations had begun and the alternate jurors were dismissed from the courtroom. Defendant argues that the magistrate court failed to consider less severe alternatives to a mistrial-namely, the magistrate court refused to call back the alternate jurors who remained…