Keller v. Ferguson

MILLER, Justice:

A mistrial was granted during the trial of the petitioner, James Keller, after the prosecutor claimed the petitioner's attorney asked improper questions of a State’s witness on cross-examination. Mr. Keller now seeks a writ of prohibition to prevent his retrial upon two grounds: (1) that he was deprived of his right to a speedy trial in violation of W.Va.Code, 62-3-1, and (2) that his retrial is barred by former jeopardy because there was no “manifest necessity” to terminate his initial trial. We hold that the petitioner waived his statutory right to a speedy trial by failing…