Frye v. State

The trial court did not err in denying the defendant's double jeopardy plea in bar because evidence supported the trial court's finding that the prosecutor's actions were not designed to provoke a mistrial.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Joseph Frye filed a plea in bar on double jeopardy grounds asserting that the mistrial granted in his trial on a charge of theft by taking was induced by prosecutorial misconduct. The trial court denied the plea in bar, and Frye appeals that ruling. On November 3, 2007, Frye pawned a car stereo for $30 at E Super Pawn in Douglasville. Tina Meadows, who was working in the pawn shop that day, inspected the stereo to see if it worked, checked Frye’s identification and prepared a pawn ticket for the transaction. Meadows gave Frye a copy of the pawn ticket and the money for the radio, then stepped approximately 15 to 20 feet away to prepare an inventory control sticker for the radio. When she turned back, both Frye and the radio were gone. After Meadows checked with the other employees and determined that they had not moved the radio, she viewed the store’s surveillance video. Afterward, the store employees checked the parking lot for Frye, but he was gone. Meadows called the phone number he had provided, but it was disconnected. She then called the police and reported the theft. Frye was subsequently arrested and charged with theft by taking.

Frye filed a motion in limine on the first day of trial, arguing that any testimony about the contents of the surveillance video would be hearsay and would violate the best evidence rule because the video was no longer available. At the hearing on this motion, the prosecutor represented that police responded to Meadows’ call and took a report of the theft. Meadows reported to the responding officers that her review of the surveillance video showed Frye taking the car stereo, but at that time neither the police nor the store were able to access the video. By the time a detective returned to the store with a flash drive to properly download the video, the store’s security system had automatically deleted it.

Frye v. State

The trial court did not err in denying the defendant's double jeopardy plea in bar because evidence supported the trial court's finding that the prosecutor's actions were not designed to provoke a mistrial.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report