State v. Kornelson
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The Supreme Court affirmed Defendant's convictions for driving under the influence and illegal transportation of liquor, holding that "manifest necessity" is the correct measure for declaring a jury deadlocked under the United States Supreme Court's double jeopardy caselaw when the defendant does not object or consent to the mistrial.
Defendant's first trial ended in a mistrial without Defendant's consent because of a jury deadlock. After a second jury trial, Defendant was convicted. Defendant appealed, arguing (1) his second trial violated his constitutional right against double jeopardy, and (2) the jury instruction on the State's burden of proof improperly discouraged the jury from exercising its nullification power. The court of appeals affirmed. The Supreme Court affirmed, holding (1) when a trial sua sponte declares a jury deadlocked and orders a mistrial when the defendant does not object or consent to the mistrial, retrial should be permitted only when there was a manifest necessity for the court's action, and the holding in State v. Graham, 83 P.3d 143 (Kan. 2004), to the contrary is overruled; (2) the district court properly declared a mistrial under the circumstances of this case based on the manifest necessity standard; and (3) Defendant's jury instruction challenge is rejected.
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