Criminal: RADFORD V. HON. EDDIE C. LOVELACE (SC 6/15/2006)

RADFORD V. HON. EDDIE C. LOVELACE
CRIMINAL:   Mistrial and double jeopardy
2005-SC-001024-MR.pdf
PUBLISHED
REVERSING; SCOTT
DATE:  6/15/2006

In this case, the commonwealth showed up on the morning of trial advising the court that the defendant had contacted several of their witnesses.  The judge then heard evidence from the witnesses in chambers and asked the defendant questions about the claims of obstruction of justice.  No charges were ever levied regarding obstruction of justice.  A mistrial was then granted.

The trial court erroneously declared a mistrial without the "manifest necessity" necessary to do so, subjecting him to retrial after jeopardy had already attached, thus violating his constitutional right not be tried twice for the same offense under the Fifth Amendment of the Constitution of the United States and Section Thirteen of the Kentucky Constitution .   

Michael Stevens, ed.