Lackes v. State

Double jeopardy did not bar defendant's retrial for murder and other related crimes because he was granted a new trial based on an erroneous evidentiary ruling.

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After appellant Matthew Lackes was granted a new trial, the trial court denied his plea of double jeopardy, and he appeals. Having reviewed the record, we conclude that because appellant was granted a new trial due to erroneous evidentiary rulings rather than a finding that the evidence was insufficient to support his convictions, double jeopardy does not bar retrial. We also conclude that the record fails to support appellant’s contention that prosecutorial misconduct at his first trial should bar any attempt to retry him. Therefore, we affirm.

The evidence of record shows that appellant was caring for two children, one of whom was three months old, while the childrens’ mother was incarcerated. One evening, appellant brought the children to the apartment of his elderly mother. After leaving the apartment for a short while, appellant returned and spent the night there with the two children. At approximately 4:00 AM, appellant was awakened by his mother and told something was wrong with the three month old child, Michael Harris. Appellant testified that he checked on Michael and found him to be unresponsive, and that his attempts to revive Michael were unsuccessful. Rescue workers were summoned, and they, too, were unable to revive Michael. Police arrived at the scene and were informed by the rescue workers that because Michael’s body was cold when they arrived, he must have been dead for some time before they were summoned. After appellant was taken into police custody, he told police that Michael had fallen off the bed two or three days prior to his death. Appellant was indicted and tried for Michael’s murder and related crimes. At trial, the State offered evidence that Michael’s death was the result of a severe shaking injury which caused brain swelling and death. The record shows that on the evening of Michael’s death, the only two adults with access to Michael were appellant and his elderly mother.

Lackes v. State

Double jeopardy did not bar defendant's retrial for murder and other related crimes because he was granted a new trial based on an erroneous evidentiary ruling.

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