State v. Dixon

SNELL, Justice.

Criminal defendant Michael C. Dixon challenged as violative of double jeopardy his retrial following the termination of his initial trial. The second trial court granted Dixon’s motion to dismiss on the ground that the trial judge presiding over the first trial acted without manifest necessity in sua sponte declaring a mistrial after the judge personally volunteered comments during the trial. On the State’s appeal of the dismissal, we affirm.

I. Factual and Procedural Background

On March 23, 1994, a car allegedly being operated by Dixon struck and killed a young child named…