Laster v. State

Fletcher, Presiding Justice.

Willie James Laster was indicted for malice murder in the shooting death of Alexander Berry. After opening statements, the trial judge declared a mistrial because defense counsel injected the victim’s propensity for violence without arguing that the defendant was justified in shooting. When the state again called the case for trial, Laster moved to dismiss on the basis of double jeopardy, but the trial court denied the motion. We must decide whether the trial court abused its discretion in granting a mistrial over the defendant’s objection. Because there was a…