Ex Parte Alexander

As in Little , a continuance was the most available less drastic alternative to a mistrial. The trial court erred in sua sponte declaring a mistrial in the absence of manifest necessity.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Toward the end of Nathaniel Alexander’s trial for felony retaliation, a juror contacted the trial court and said she would not be present on the next day of trial, March 31, because she was going out of town to attend a university event for her daughter. Though the state said it would proceed with 11 jurors, Alexander said he would not. The trial court sua sponte declared a mistrial and ordered the parties to pick a new jury. In explaining its ruling, the trial court said that a whole day would be lost if it continued the case until the juror got back; dismissing the jury as a whole would result in a loss of only a half-day. The trial court also mentioned that there was no guarantee the juror would be back the following day, but a writ of attachment against the juror could result in bias by that juror. The trial court felt its only alternative was to wait until the next day or later, and that it was less harmful to Alexander to start again on March 31 with a new trial. Alexander filed for a writ of habeas corpus and a dismissal of the charges. The trial court denied the habeas corpus petition. Alexander then filed an interlocutory appeal based on double jeopardy. HOLDING:Reversed and remanded. The court confirms that an exception to the prohibition of subsequent trials on the same charge is when a mistrial is mandated by manifest necessity. The issue in this case, then, is whether the mistrial called sua sponte by the trial court was warranted as manifest necessity. Manifest necessity exists in three instances: 1. when it would be impossible to arrive at a fair verdict; 2. when it is impossible to continue with trial; or 3. when the verdict would be automatically reversed on appeal because of trial error. The court looks to Ex Parte Little, 887 S.W.2d 62 (Tex.Crim.App. 1994), for guidance. In that case, the trial judge did not consider less drastic alternatives before declaring a mistrial, and the high court remanded the case to the trial court to enter an order discharging the defendant and barring reprosecution for the same offense. Here, the trial court considered less drastic alternatives, but, as in Little, there were no “very extraordinary and striking circumstances” that necessitated a mistrial. The circumstances did not meet the standard of manifest necessity. A delay of a half-day or a day, without more, does not meet that standard. As in Little, a continuance was the “most available less drastic alternative” to a mistrial. The trial court erred in sua sponte declaring a mistrial in the absence of manifest necessity, the court rules. As double jeopardy error is a constitutional error, it was not harmless. Consequently, the court remands to the trial court with instructions to enter an order discharging Alexander and barring reprosecution for the same offense. OPINION:Per curiam.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Trending Stories

 

Featured Product

Global Briefing

A weekly, curated selection of our international content from around the globe, across the business of law, in-house, regulatory, technology and more, with expert insights from our senior editors.

Learn More

More from ALM

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Privacy Policy

About Us / Contact Us / Site Map / Advertise With Us/ Customer Service / Terms of Service/ FAQ / Privacy Policy

Publications

Law Topics

Rankings

More

Law.com

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.