State v. Tolliver

BENTON, Judge.

After a mistrial not requested by the defendant, but not objected to by him, do the state and federal double jeopardy clauses bar a second trial? This Court answers “no” and affirms defendant’s conviction.

Immediately before the first trial, the judge granted defendant’s oral motion to limit a police detective from mentioning his assignment with the “sex crimes unit”. After a brief first witness, the detective testified:

DIRECT EXAMINATION by Ms. Koch [assistant prosecutor]:

Q. Would you please state your full name for the record?

A. My name is William Earhardt.

Q. What’s your…