Payne v. State

Phipps, Judge.

Johnny Aaron Payne was being tried for various sexual offenses when, on motion by the state, the trial court declared a mistrial on the ground that defense counsel had violated the court’s ruling on a motion in limine. Payne later filed a plea in bar to prevent any retrial on double jeopardy grounds. Payne appeals the trial court’s denial of the plea in bar. Finding no evidentiary infraction by defense counsel and thus no necessity for a mistrial, we reverse.

Payne was charged with rape, aggravated child molestation, child molestation, and incest based on allegations by his…