State v. Breland

HURLEY, Judge.

The trial court found that a predecessor judge had engaged in overreaching by provoking the defendant’s motion for mistrial. The successor judge ruled that retrial was barred by the Double Jeopardy Clause and, therefore, granted the defendant’s motion to dismiss. We conclude that the finding of judicial overreaching is not supported by the record and, consequently,' we reverse.

The defendant was arrested and charged with trafficking in marijuana1 and possession of phenobarbital with intent to sell.2 He was fingerprinted as part of the booking process. Subsequently, he filed a…