State v. Chase

[¶ 1] Jayne Chase appeals from an order of the Superior Court (Cumberland County, Humphrey, J.) denying her motion to dismiss based on double jeopardy.1 Chase argues that it was error for the court to determine that the inappropriate comment made by the prosecutor that necessitated the mistrial did not create a constitutional bar to a retrial. We disagree and affirm.

[¶ 2] Chase was charged with operating a vehicle under the influence of intoxicating liquor in violation of 29-A M.R.S.A. § 2411 (1996).2 On August 23, 1999, her first trial was commenced, a jury was sworn, and the State proceeded…