Commonwealth v. Cantrell

By JUDGE J. ROBERT STUMP

Double Jeopardy

William Jeffrey Cantrell was indicted (F82-50) in January, 1982 for the murder of his wife and the use of a firearm in the commission of murder. The first jury trial ended in a deadlock, and the court declared a mistrial. Cantrell was convicted in a second jury trial. But the Virginia Supreme Court reversed on grounds of special prosecutorial misconduct, and "remanded the cases for further proceedings. . . if the Commonwealth be so advised." Cantrell v. Commonwealth, 229 Va. 387, 398 (1985).

Prior to a third trial Cantrell filed a written motion to quash…