Steward v. State

Pope, Presiding Judge.

During Michael Steward’s trial on counts of rape, incest and two counts of aggravated sodomy, the court declared a mistrial when the state’s expert witness introduced evidence that violated the ultimate issue rule. Steward then filed a plea in bar to prevent retrial on the grounds that another trial would constitute double jeopardy because the mistrial was caused by intentional prosecutorial misconduct. The trial court denied the motion, and Steward appeals.

Generally, where a mistrial is granted on the defendant’s motion, double jeopardy does not bar a retrial unless it…