State v. Gutierrez

OPINION

DANIELS, Justice.

{1} This case involves factually related issues of the boundaries between proper and improper prosecutorial conduct in dealing with recalcitrant witnesses and of the circumstances in which a mistrial and retrial may take place without violating constitutional double jeopardy protections when a witness does not appear for trial. Following federal double jeopardy principles in United States Supreme Court precedent, we conclude that a prosecution witness’s failure to appear for Defendant’s trial did not constitute manifest necessity for granting a mistrial after a jury…