Freeman v. State

BLACKBURN, Presiding Judge.

Michael Freeman appeals the denial of his plea in bar of former jeopardy. He argues that the trial court erred in finding that manifest necessity required the declaration of a mistrial, after the court determined that an evidentiary issue needed to be addressed before the case could be tried. We agree that it was unnecessary to declare a mistrial in this matter, and thus we reverse the trial court’s denial of Freeman’s plea in bar of former jeopardy.

“The appellate standard of review of a grant or denial of a double jeopardy plea in bar is whether, after reviewing…