Merchant v. State

INTRODUCTION

Appellant, Dwaine Merchant (“Merchant”), appeals from a final judgment of conviction and sentence for first-degree murder following a retrial. Merchant contends that the trial court violated his double jeopardy rights by declaring a mistrial in his first trial, without Merchant’s consent and in the absence of manifest necessity, thus barring a retrial. We agree, and for the reasons that follow, we vacate the judgment and sentence, and reverse and remand this cause with instructions to enter an order discharging Merchant on Count One of the indictment.

FACTS

The State indicted…