Hightower v. Georgia
Annotate this CaseMichelle Hightower was charged with malice murder and other crimes in connection with the 2017 shooting death of Michael McGee. Hightower’s trial on these charges began March 9, 2020, and four days later, on March 13, after the Chief Judge of the Atlanta Judicial Circuit issued an order declaring a judicial emergency due to the continued transmission of the COVID-19 virus, the trial court declared a mistrial in Hightower’s case, over defense counsel’s objections. Hightower subsequently filed a plea in bar and motion to dismiss the indictment, asserting that further prosecution of her case was barred by the double jeopardy clauses of the state and federal constitutions because there was no manifest necessity to declare a mistrial and because the trial court did not exercise its discretion or consider reasonable alternatives prior to declaring the mistrial. Following a hearing, the trial court denied the Plea in Bar on May 21, 2021, and Hightower appealed. Because the Georgia Supreme Court concluded the trial court acted within its discretion in determining that there was a manifest necessity for a mistrial, judgment was affirmed.
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