Mitchell v. Superior Court

Opinion

BEACH, J.

Nature of Proceedings:

Defendant in a criminal trial seeks prohibition to restrain his trial for burglary on the ground of double jeopardy. The trial court had declared a mistrial on the basis of legal necessity after excusing a juror who after trial had started said (1) he had prejudged defendant’s case and (2) that his mind kept wandering and he could not concentrate.

Facts:

On the day following the first witness’ testimony it was called to the court’s attention that juror Rodriguez had been exposed to the comments of a prospective juror (Lewis) who had been excused from…