Derry v. Commonwealth

Opinion of the Court by

Justice NOBLE.

Appellant, Matthew Derry, challenged his conviction on the grounds that his conviction in Metcalf County, after a mistrial had been declared on the same charges in the middle of a previous trial in an adjacent county for lack of venue, violated the constitutional prohibition on double jeopardy. The Court of Appeals affirmed his conviction. Because the mistrial was the result of Appellant’s own motion, the Court of Appeals ruled correctly that there was no double jeopardy violation.

I. Background

Appellant, Matthew Derry, was charged with Rape in the First…