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Honester v. State

The trial court improperly denied the defendant's motion for a new trial on the ground of ineffective assistance of counsel, since there was a reasonable probability that the defendant's trial outcome would have been different absent trial counsel's deficiency in failing to file a plea in bar after the first trial ended in a mistrial over the defense's objection.

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After a jury trial, Wayne Honester was convicted of obstruction of a law enforcement officer. Honester appeals, asserting that his trial counsel was ineffective in failing to file a plea in bar of former jeopardy after a prior jury trial on the same charge ended in a mistrial over Honester’s objection. Because counsel’s performance was deficient in failing to file a plea in bar and there is reasonable probability that, but for such deficiency, the outcome below would have been different, we reverse.

Honester was indicted on a single charge of felony obstruction of a law enforcement officer by fighting with the officer during a lawful arrest. The facts underlying the indictment were that police officers, who had responded to a report of gunshots, were speaking with Honester and others in the area. After one of the officers had asked Honester three times to remove his hands from his pockets, Honester complied and put a plastic bag in his mouth. The officer grabbed Honester’s neck to try to get him to spit out the bag, but Honester pulled away as the officer tried to hold on to his arm and neck. The other officer tried to assist and they fell to the ground. Using a baton to threaten Honester, the officers subdued and handcuffed him.

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