Hoey v. State

I agree with and join the majority’s analysis of Hoey’s second and third points on appeal, which challenged the length of his detention during the traffic stop and the admission of evidence retrieved from his cellular phone. I write separately as to Hoey’s argument that his conviction violated his federal and state constitutional protections against double jeopardy.

As discussed in the majority’s opinion, our resolution of Hoey’s double-jeopardy argument hinges on whether the mistrial declared in this case was for his benefit or the State’s benefit. In Phillips v. State, the Arkansas Supreme…