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State v. Grayson

Retrial was not barred when the trial court sua sponte declared a mistrial, since the State did not request the mistrial and the defendant did not object to it.

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Laderyle Eugene Grayson was accused of committing multiple counts of battery and simple battery. During the ensuing trial, the court sua sponte declared a mistrial, and soon thereafter Grayson filed a plea in bar, which the court granted on double jeopardy and constitutional speedy trial grounds. The State now appeals, contending that 1 retrial was not barred by double jeopardy because the State did not request the mistrial and Grayson did not object to the mistrial, and 2 the trial court erred in its speedy trial analysis. For the reasons that follow, we reverse.

The appellate standard of review of a grant or denial of a double jeopardy plea in bar is whether, after reviewing the trial court’s oral and written rulings as a whole, the trial court’s factual findings support its legal conclusion. Questions of law are reviewed de novo. Where the basis for the mistrial was the unavailability of critical prosecution evidence, including the unavailability of prosecution witnesses, the strictest scrutiny is appropriate.1

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