Johnson v. United States

STEADMAN, Associate Judge:

On the second day of jury deliberations in appellant’s first trial on a ten-count indictment, the trial court declared a mistrial, over the defendant’s objection, on grounds of “manifest necessity.” Before us is an expedited interlocutory appeal from a trial court ruling, prior to commencement of a second trial, denying appellant’s motion to dismiss the charges on double jeopardy grounds. 1 We hold that under the circumstances of this case, the trial court in the first trial did not abuse its discretion in declaring a mistrial for manifest necessity. Accordingly, we…