Maes v. District Court, City & County of Denver

In this original proceeding, we issued our rule to show cause why respondents should not be prohibited from re-trying petitioner on criminal charges, the initial trial of which resulted in a mistrial. The matter is now at issue and, having considered the merits of the controversy, we make the rule absolute.

Petitioner was charged with assault to rob and assault with a deadly weapon. Trial was to a jury. The voir dire examination of prospective jurors was not recorded. However, we are able to gather from the record — and there is no contention to the contrary — that defense counsel, while…