Seymour v. State

Phipps, Judge.

Andrew Seymour appeals the denial of his plea in bar of former jeopardy made after the trial court granted his motion for a mistrial. Seymour urges this court to adopt a new standard when evaluating whether double jeopardy bars retrial after a mistrial is granted due to conduct of the state or its witnesses. We decline to do so and affirm.

The record shows that Seymour was charged with DUI, improper driving, leaving the scene of an accident, and no proof of insurance. The trial court conducted an evidentiary hearing to determine if the state could admit evidence of Seymour’s…