Honester v. the State

McFadden, Judge.

After a jury trial, Wayne Honester was convicted of obstruction of a law enforcement officer. Honester appeals, asserting that his trial counsel was ineffective in failing to file a plea in bar of former jeopardy after a prior jury trial on the same charge ended in a mistrial over Honester’s objection. Because counsel’s performance was deficient in failing to file a plea in bar and there is reasonable probability that, but for such deficiency, the outcome below would have been different, we reverse.

Honester was indicted on a single charge of felony obstruction of a law…