Harvey v. GeorgiaAnnotate this Case
Appellant Kajul Harvey appealed the trial court’s denial of her plea in
bar based on double jeopardy after her first trial for murder and other crimes ended in a mistrial. After review, the Supreme Count concluded that the trial court did not abuse its discretion in determining that Appellant’s counsel violated the court’s pretrial ruling on a motion in limine and improperly referred to evidence that may well not been admissible when he referred to Appellant’s police interview during his opening statement, and the court also did not abuse its discretion in deciding that alternatives short of a mistrial were insufficient to cure the harm. Accordingly, the Court upheld the denial of the plea in bar. The Court's rejection of Appellant’s double jeopardy claim on the merits made it unnecessary for the Court to decide Appellant's other issues raised on appeal.