Spearman v. State

HUNSTEIN, Justice.

Michael Renard Spearman appeals from the trial court’s denial of his plea of former jeopardy. Because in Spearman’s first trial there existed a manifest necessity for the declaration of a mistrial and the trial court did not abuse its sound discretion in rejecting possible alternatives to mistrial, we affirm the determination that Spearman may be retried.

The record reflects that Sandra Highland, a key prosecution witness in the State’s murder case against Spearman, was under subpoena for Spearman’s November 2003 trial. On the Friday before the Monday call of the case, an…