Rios v. Georgia
Annotate this CaseAppellants Jefrey Rios and Justin Carter, along with Marco Cruz, were jointly indicted for three counts of felony murder and other crimes in connection with the shooting death of Cristian Carrillo. The State could not locate Cruz after the crimes, and the case proceeded to trial against Rios and Carter. On the first day of witness testimony, the trial court declared a mistrial, finding that critical evidence had not been disclosed to the defense until that day because of a Georgia Bureau of Investigation (GBI) computer error and that the trial could not proceed as a result. Rios and Carter filed a joint plea in bar, but the trial court denied it and concluded that double jeopardy did not preclude the State from retrying them. Rios and Carter appealed, but finding no error in the trial court judgment, the Georgia Supreme Court affirmed.
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