State v. CombsAnnotate this Case
Appellant was charged with four crimes in connection with certain financial dealings. A jury heard his case, and after deliberating for three days, the jury reported that it was deadlocked. The district court sustained Appellant’s motion for a mistrial. Later, Appellant discovered that the jury had voted unanimously during deliberations to acquit him on three of the four charges but erroneously thought it had to reach a unanimous verdict on all charges. Appellant filed a motion for a judgment of acquittal and then a plea in bar. The district court overruled the motion and the plea in bar. The Supreme Court affirmed the district court’s order overruling Appellant’s plea in bar, holding that the Double Jeopardy Clause of the United States Constitution does not bar Appellant’s retrial after his first trial ended in a mistrial, which was granted at Appellant’s request.