People v. Shoevlin

Defendant was charged with 2 counts of domestic battery and case proceeded to jury trial. After both sides gave closing arguments, but prior to State's rebuttal argument, court declared a mistrial. Court denied Defendant's motion to dismiss on double jeopardy grounds. Defense counsel, in closing argument, stated that victim (Defendant's estranged husband) had a very powerful reason to lie, as he filed for divorce and want their children to be taken from Defendant. Court made a hasty decision to then declare mistrial. Defense counsel's comments, although improper, did not justify declaration of mistrial. As State failed to show a manifest necessity for mistrial, case dismissed on double jeopardy grounds. (CARTER and LYTTON, concurring.)