State v. Walker

MARY R. RUSSELL, Judge.

The State of Missouri (“State”) appeals from a judgment granting Nathan Walker’s (“Defendant”) motion for a mistrial with prejudice. State asserts the trial court erred in granting Defendant a mistrial with prejudice, rather than a mistrial, when one victim invoked her Fifth Amendment1 right not to testify. State argues double jeopardy did not attach and retrial should not be prohibited in that the prosecutor did not intend to provoke a mistrial. We agree and reverse and remand.

Defendant was charged with one count of domestic assault in the second degree and one count…