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Harvey v. State

The trial court did not abuse its discretion in granting a mistrial and ordering a retrial when the defense violated a motion in limine, and the court properly denied the defendant's plea in bar based on double jeopardy.

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Appellant Kajul Harvey challenges the trial court’s denial of her plea in bar based on double jeopardy after her first trial for murder and other crimes ended in a mistrial. We conclude that the trial court did not abuse its discretion in determining that Appellant’s counsel violated the court’s pretrial ruling on a motion in limine and improperly referred to evidence that may well not be admissible when he referred to Appellant’s police interview during his opening statement, and the court also did not abuse its discretion in deciding that alternatives short of a mistrial were insufficient to cure the harm. Accordingly, we uphold the denial of the plea in bar. Our rejection of Appellant’s double jeopardy claim on the merits makes it unnecessary for us to decide whether the trial court erred in finding that the claim was frivolous and allowing her retrial to proceed. We therefore affirm the trial court’s judgment.

1. In February 2013, Appellant and her boyfriend, Latoris Grovner, were indicted for malice murder and other crimes in connection with the brutal beating death of Appellant’s mother and subsequent attempts to access her bank accounts in June 2011.1 Appellant had been interviewed by the police for several hours, and the interview was videotaped. On April 15, 2013, the first day of Appellant’s trial, the State filed a motion in limine to preclude “the defense from making opening statements that reference self-serving hearsay statements made by the defendant” or asking witnesses for the State or the defense any questions that reference such statements “until the door is opened by the State or until after the defendant testifies.”

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