Allen v. State

Barnes, Judge.

Richard J. Allen appeals the trial court’s order denying his plea in bar. After the prosecutor said in his opening statement that he suspected “the defense may call witnesses to testify on his behalf,” Allen’s motion for a mistrial was granted because the trial court found the statement, even though inadvertent and unintentional, shifted the burden of proof to Allen. When the prosecution re-set the case for trial, Allen filed a plea in bar on double jeopardy grounds. The trial court denied the plea in bar, and this appeal followed. For the reasons stated below, we affirm the…