Commonwealth v. Cassidy

This case was reported to us by a Superior Court judge in response to a motion to dismiss an indictment on double jeopardy grounds after a trial ended in a mistrial. We must determine whether “manifest necessity” justified the declaration of a mistrial. After jury deliberations began, the jury foreperson informed the trial judge about a previously undisclosed experience of one juror that raised a question of possible juror bias. After two conferences with counsel, the judge, over defense counsel’s objection, 1 declared a mistrial. The case was then scheduled for retrial, whereupon the…