State v. Barton

Discretionary review was granted by the Commissioner to consider one question:

When a mistrial has been declared because a jury cannot reach a verdict, do the time limits of CrR 3.3 run anew from the date of the mistrial to the date of the second trial?

Defendant was charged with second-degree murder as a result of a shooting on August 21, 1976. He entered a preliminary appearance on August 23, and was released on bail. Trial commenced November 1 and on November 5, a mistrial was declared because the jury was unable to reach a verdict. The Court Administrator scheduled the case for retrial on…