State v. Yazzie

OPINION

VIGIL, Judge.

{1} The metropolitan court judge (trial court) sua sponte declared a mistrial in Defendant’s jury trial for battery on a household member after defense counsel asked Victim on cross-examination if he had pleaded guilty to battering Defendant. Before Victim answered, and without considering an alternative, the trial court declared a mistrial. The question presented in this case is whether Defendant’s subsequent trial subjected her to double jeopardy in violation of the Fifth Amendment. We conclude that there was no manifest necessity to declare a mistrial. Accordingly, we…