Gusler v. Wilkinson

OPINION

McGREGOR, Justice.

¶ 1 The issue presented is whether the state can retry the defendant on a manslaughter charge as to which the jury may have indicated, in a note signed by its foreperson, that it had reached a not guilty verdict. We hold that although the note cannot conclusively be construed as a verdict, the defendant may not be retried on the manslaughter charge because the trial judge prematurely granted the state’s motion for mistrial. We further hold that the state is not estopped from retrying the remaining charges against the defendant.

I

¶2 The defendant, while driving on the…