In re Petition for Habeas Corpus by Bowman

I disagree with the majority's conclusion that the trial judge presiding over Rictor Bowman's first prosecution abused his discretion when he declared a mistrial. The judge terminated the proceedings on all counts because comments made by the prosecutor during opening statements caused a level of prejudice that made a fair and impartial verdict impossible. The trial judge, in the exercise of his discretion, assessed the circumstances, evaluated the prejudice, considered alternatives to a mistrial, and made the considered judgment that the parties would not have a full and fair opportunity to…