State v. Lewis

[¶ 1] Fredric Lewis appeals from an order of the Superior Court (Lincoln County, Atwood, J.) denying his motion to dismiss a criminal complaint based on a claim that prosecution would violate his constitutional right not to be subjected to double jeopardy. He argues that the Superior Court erred when it found the State had met its burden of proving a manifest necessity for the declaration of a mistrial. We affirm the Superior Court’s order.

I. BACKGROUND

[¶ 2] On November 15, 2001, the State filed a criminal trespassing complaint against Lewis, and Lewis requested a jury trial in the Superior…