State v. Smith

OPINION

ANDERSON, Justice.

The sole issue in this appeal is whether manifest necessity required the trial court to declare a mistrial in the defendants’ trial for felony murder and armed robbery. If so, the defendants could be retried without violating the double jeopardy clauses of the Tennessee and United States Constitutions. After concluding that there was a distinct possibility of defense attorney misconduct affecting the trial, the trial court determined that manifest necessity existed requiring it to declare a mistrial. When the State sought a retrial, the defendants moved to dismiss the…