People v. Kosobucki

(Modified upon denial of rehearing 5/10/21.) Defendant was charged with 2 counts of domestic battery and 1 count of criminal damage to property arising out of an altercation with her ex-husband. Defendant filed motion for pretrial discovery requesting State to disclose any written statements made by Defendant and any information favorable to Defendant. State did not turn over, until Defendant had almost completed her case-in-chief, written statements that Defendant and her ex-husband gave to the police. Trial judge was impatient with counsel for insisting that police officer, who he had subpoenaed but failed to appear, was a necessary witness, cutting off defense counsel's arguments repeatedly. Judge declared a mistrial, at least in part, from frustration that defense counsel was slowing down the proceedings. As soon as judge set a date for retrial, defense counsel asked to preserve his objection that he was not allowed to argue about the mistrial, and judge stated, "Well, argue it now. You have one minute. Argue." Judge failed to exercise sound and conscientious discretion in declaring mistrial, and abused discretion in denying Defendant's motion to dismiss charges on double-jeopardy grounds.  (JORGENSEN and BRENNAN, concurring.)