State v. Robert Joseph Yetman

OPINION

Kem Thompson Frost, Chief Justice

In this appeal, we consider whether the trial court abused its discretion in granting a criminal defendant’s application for pretrial habeas-corpus relief. The trial court held that the constitutional prohibition against double jeopardy bars the defendant’s retrial following a mistrial because the prosecutor, seeking to avoid an acquittal, goaded the defense into requesting the mistrial. We affirm.

Factual and Procedural Background

Appellee Robert Joseph Yetman was indicted for indecency with a child. Appellee was accused of touching the genitalia of a…