State v. Shoemake

Defendant was charged with the crime of burglary in the first degree. ORS 164.225. He moved for an order declaring a mistrial because the state, before resting, recalled a witness, Mrs. Milbum, to the stand, and she testified to something which the defendant asserts she "remembered” only because she was "coached” by the prosecutor. The trial court granted the motion for a mistrial. The trial court later reversed itself, declaring that there was no prosecutorial misconduct, and allowed the defendant to be tried again on the same charge. Defendant’s motion to dismiss the charge on grounds of…