State v. Rearick

JUSTICE BEATTY:

Following the circuit court judge’s declaration of a mistrial over defense counsel’s objection, Bryan Rearick moved to bar subsequent prosecution of the charge of felony driving under the influence resulting in death (“felony DUI”) on the ground a second trial would violate the Double Jeopardy Clause of the South Carolina and United States Constitutions. 1 Rearick appeals the judge’s order denying this motion, arguing: (1) the denial of a motion to dismiss on double jeopardy grounds is immediately appealable; and, if so, (2) the judge’s declaration of a mistrial was erroneous…