Washington v. Strine
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Defendant Jon Strine was charged with and tried for vehicular homicide and vehicular assault after he crashed his vehicle into a motorcycle carrying a married couple. After a two-day deliberation, the jury returned verdict forms finding Defendant “not guilty” on both charges. The trial judge polled the jury on the mistaken belief that polling was required. Six jurors dissented from the original verdict and the presiding juror stated that the jury would be unable to reach a unanimous verdict. The trial judge declared a mistrial and discharged the jury. Defendant then moved to dismiss on double jeopardy grounds but the trial court denied the motion. Upon review, the Supreme Court affirmed that decision, finding that double jeopardy clause does not prevent the State from reprosecuting Defendant because his original jeopardy never terminated.
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