Rodriguez v. State

After the jury ■ had been sworn, the opening statements had been delivered, and the presentation of evidence had commenced in a felony prosecution, the trial court on its own motion declared a mistrial because of the temporary unavailability of a juror. The trial court failed to explore less drastic resolutions to this dilemma, and manifest necessity thus did not require the employment of the extreme measure of a mistrial. Accordingly, we grant Jose Rodriguez’s petition for writ of prohibition and order him discharged.

On September 14, 1998, a jury was selected, and, in a decision the trial…