State v. Gregory
Prosecution after a mistrial does not violate a defendant's rights against double jeopardy. The state alleges that in January 2011 the defendant accidentally shot a passerby, William Vargas, when attempting to shoot Mike Davis, and that Vargas died. In a February 2012 trial, the jury was hung, and the court declared a mistrial. In November 2012, the jury was deadlocked, 6-6, and the court declared another mistrial. The defendant objected to a third trial and alleged that there is insufficient evidence and that a third trial would violate his rights against double jeopardy. The court considered the strength of the state's case, the likelihood of conviction, the severity of the crime and the strength of the defendant's case. The court found that there was sufficient evidence of murder, the most serious offense in the penal code, to proceed to a jury. Vargas' family requests justice from the court. Prosecution after a mistrial will not violate the defendant's rights against double jeopardy. The court denied the defendant's motion to dismiss.