Phelps v. State

The majority opinion does much in quoting from other cases, but it fails to face the facts in this particular case. The most crucial fact here is that, contrary to the majority opinion’s conclusion that “the *238trial court did not abuse its sound discretion by granting the State’s motion for a mistrial,” the trial court apparently exercised no discretion at all in declaring a mistrial over the objection of the defendant. No manifest necessity existed for declaring mistrial, and the defendant’s plea of former jeopardy was meritorious. I must respectfully dissent.

Near the conclusion of the trial,…