Banks v. State

Beasley, Judge.

When a nurse responded affirmatively to defense counsel’s inquiry whether the victim had reported a prior act of consensual intercourse, the court declared a mistrial in Jeffrey Banks’ trial for rape (OCGA § 16-6-1), aggravated assault (OCGA § 16-5-21), false imprisonment (OCGA § 16-5-41), and false statements (OCGA § 16-10-20). Prior to retrial, Banks moved to dismiss on grounds of double jeopardy under the United States and Georgia Constitutions and under OCGA § 16-1-8, which motion the court denied. The issues are (i) whether the court’s pre-trial order allowing Banks to…