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Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy

The Supreme Court of Montana dismissed with prejudice charges of sexual intercourse without consent and bail jumping, ruling the defendant’s second trial following a mistrial that was declared without a showing of manifest necessity was barred by the Double Jeopardy Clauses of the U.S. and Montana Constitutions. ...

 

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