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Humphrey v. State

Trial court should have disqualified part-time solicitor because his law partner was defendant's divorce attorney and both defendant's criminal case and his divorce involved his alleged drinking problems.

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Daniel Humphrey appeals his convictions for driving under the influence, attempting to elude an officer, and driving on the wrong side of the road. He asserts the trial court made four errors.

1. Humphrey contends the court erred in granting the State’s motion for mistrial when the case was first tried, and that therefore, he should not have been tried a second time. After the jury had been impaneled, the State moved for a mistrial on the grounds that it could not get a fair trial because two necessary witnesses who were under subpoena did not appear at trial. Humphrey objected to the motion and he filed a plea in bar before the second trial arguing that the second trial violated the constitutional prohibition against double jeopardy on the grounds that there was no manifest necessity for the mistrial. See Illinois v. Somerville, 410 U. S. 458 93 SC 1066, 35 LE2d 425 1973; Abdi v. State, 249 Ga. 827, 828 2 294 SE2d 506 1982; Terrell v. State, 236 Ga. App. 163, 165 511 SE2d 555 1999; Banks v. State, 230 Ga. App. 258 1 495 SE2d 877 1998.

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