Enright v. Siedlecki

OPINION OF THE COURT

Meyer, J.

Manifest necessity for the declaration of a mistrial in a criminal case exists when after opening statements referring to a confession have been made, the prosecutor discovers a Miranda warnings statement indicating that defendant had requested counsel and the confession is, after a hearing, suppressed. Manifest necessity likewise exists when an essential defense witness becomes unavailable; the Trial Judge is not limited by defendant’s attorney’s request for a continuance rather than a mistrial and in passing upon the continuance request may take into account an…