Allen v. State

OPINION

Judge MANNHEIMER,

The defendant, Leta G. Allerr, was brought to trial on a charge of driving under the influence, but the trial ended without a verdict after the trial judge declared a mistrial over the objection .of the defense attorney.

The State now intends to try Allen again on the same charge, and Allen has petitioned us to prohibit the second trial, Allen argues that there was no manifest necessity for the mistrial, and thus the double jeopardy clauses of the federal and state constitutions bar any retrial. 1

As we explain in this opinion, we conclude that a mistrial was manifestly…