State v. James

SCHWARTZ, Chief Judge.

Because of an adverse incident at trial caused by the undoubtedly improper actions of the prosecutor,1 defense counsel successfully moved for a mistrial, upon the express commitment that James would not invoke any double jeopardy claim which might otherwise arise.2 Notwithstanding, the defense subsequently filed just such a motion.

On this appeal from an order granting it, and dismissing the cause purportedly on double jeopardy grounds, we must reverse because of the waiver of the double jeopardy claim expressly effected below. See State ex. rel. Williams v. Grayson, 90…