Garrels, Ex Parte Elizabeth Ann

A defendant has a constitutional right to have her fate determined "before the first trier of fact." A trial judge may violate this right by ordering a mistrial over her objection; but if she consented to it, double jeopardy will not prevent her re-prosecution. Today we reiterate that, although consent may be "implied" from the totality of the circumstances, 3 it must nevertheless be supported by record-based evidence. Because the court of appeals found otherwise, we reverse.

I. FACTS

A. Trial

Elizabeth Ann Garrels, appellant in this case, was charged by information with the *520 misdemeanor offense…