State v. Barthels

HEFFERNAN, CHIEF JUSTICE.

This is a review of a published decision of the court of appeals 1 which reversed a judgment of the circuit court convicting Julie Barthels in a second trial following a mistrial granted on the motion of the state, over the objection of defendant, when the prosecutor, after the swearing of the jury, was unable to produce a key medical witness.

The question is whether the second trial constituted double jeopardy in violation of the defendant's rights or whether the act of granting the mistrial was justified by "manifest necessity" or for the reason that the ends of…