Rodriguez v. Burk

The defendant/petitioner seeks prohibition to prevent a second trial after the trial court’s declaration of a mistrial during the first trial. We grant the petition and direct that the charges be dismissed.

Petitioner was- charged with one count of possession of cocaine with intent to sell, and one count of possession of drug paraphernalia. On March 14, 1994, a jury trial commenced in his prosecution. The following day, after the jury had been sworn and testimony begun, the trial judge learned that the state had failed to disclose to the defense a video, photographs and an oral statement by…