State v. Higginbotham

ON REHEARING

BROWN, Chief Judge,

On Rehearing.

1 )The facts and procedural history of this case have been throughly set forth in the initial opinion and dissent. We granted rehearing to revisit this court’s reversal of Bobby Higginbotham’s convictions and sentences based upon the two-judge majority’s holding that the granting of a partial mistrial, that is, the granting of a mistrial on some but not all of the counts charged, was clear error. The majority found that “a partial mistrial is not recognized in the criminal code apparently for the same policy expressed in (C.Cr.P.) Article 770(2)…