Tritt v. State

OPINION

STEWART, Judge.

Shortly after the parties completed opening statements in Cordell Tritt's jury trial, the trial court indicated that it would offer the State the option of a mistrial because the court believed that Tritt's opening statement was unfair. The prosecutor chose the court's option of a mistrial over Tritt's objection.

Tritt moved to dismiss the case on the ground that a retrial would violate the double jeopardy clause. The superior court denied the motion to dismiss. Tritt petitioned this court for review, and we granted review. Because we conclude that there was no manifest…