St. Clair v. Circuit Court
Annotate this CasePetitioner's second trial on charges of capital kidnapping, attempted murder, arson, and receiving stolen property ended when the trial court declared a mistrial for the Commonwealth's violation of a pretrial order. Petitioner petitioned the Supreme Court for a writ of prohibition to prevent the circuit court from retrying him, arguing that a retrial would violate the constitutional proscription against double jeopardy. Although Petitioner would not suffer irreparable injury if the retrial were to proceed, Petitioner argued that the administration of justice would suffer great and irreparable injury if the retrial took place. The Supreme Court declined to issue the writ, holding that the writ of prohibition was not an available remedy, as Petitioner offered nothing to persuade the Court that he would suffer any injury that could not be corrected on appeal.
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