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Honester v. State

The trial court abused its discretion in declaring a mistrial over the defendant's objection rather than giving the jury an Allen charge.

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Wayne L. Honester appeals from the denial of his plea in bar, arguing that the trial court erred when it terminated his first trial on a felony obstruction charge before the jury reached a verdict. Honester contends that instead of declaring a mistrial, the trial court should have provided the jury with an appropriate Allen charge1 and instructed it to continue deliberating. Honester also asserts that because the trial court declared the mistrial over his objection and in the absence of any manifest necessity for doing so, he was entitled to a plea in bar as a matter of law. For reasons explained more fully below, we agree with Honester. We therefore reverse the trial court’s order and remand this case with direction.

On an appeal from the grant or denial of a double jeopardy plea in bar, we generally review the trial court’s oral and written rulings as a whole to determine whether any factual findings contained therein support the trial court’s ruling as to whether the defendant was entitled to a plea in bar. Cotman v. State, 328 Ga. App. 822-823 762 SE2d 824 2014. See also Garrett v. State, 306 Ga. App. 429 702 SE2d 470 2010. But in those cases where the relevant facts are undisputed and no question regarding the credibility of witnesses is presented, we review de novo the trial court’s application of the law to undisputed facts. Cotman, 328 Ga. App. at 823, quoting Garrett, 306 Ga. App. at 429.

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