State v. Fitzpatrick

Defendant Paul Fitzpatrick was charged with rape and tried before two juries, both of which became deadlocked. After the second mistrial, the trial court, upon motion of defendant, dismissed the charges against defendant with prejudice, pursuant to Vermont Rule of Criminal Procedure 48(b)(2). The State, which seeks to try defendant a third time, appeals, claiming the court abused its discretion in dismissing the charges. Defendant cross-appeals, arguing that because of prosecutorial misconduct the court should have dismissed the case at the beginning of the second trial. We affirm without…