Vermont v. DowAnnotate this Case
Following an altercation with his wife and an ensuing conflict with police, defendant Miles Dow was charged with several counts, related to his conduct both towards his wife and to the responding police officers. During trial, based on improper questions from defense counsel, the court declared a mistrial on all counts involving defendant’s wife (the complainant). The trial continued, and the jury found defendant guilty of aggravated assault on a law enforcement officer with a deadly weapon and attempted simple assault by menace on a law enforcement officer. Defendant appealed, arguing there was insufficient evidence, the jury instructions were faulty, and his convictions violated the Double Jeopardy Clause. Defendant also moved to dismiss the charges for which a mistrial was granted, arguing that the grounds for a mistrial were insufficient and jeopardy had attached. The court denied this motion, but granted defendant’s request to bring an interlocutory appeal. After its review of defendant’s direct and interlocutory appeals, the Supreme Court affirmed defendant’s aggravated-assault conviction, vacated his simple assault conviction and reversed the court’s denial of the motion to dismiss.