State v. Anderson

by
In 2003, Appellant was arrested and charged with the murder of Amber Zurcher. The trial court granted a mistrial on Appellant’s first trial. Several trials followed, and after a fifth trial, another mistrial was declared. When the trial court set a sixth trial date, Defendant moved to dismiss the indictment, arguing that the prosecution was barred by the Double Jeopardy and Due Process Clauses of the U.S. Constitution. The trial court denied the motion. The State moved to dismiss Appellant’s appeal, arguing that the trial court’s denial of Appellant’s motion to dismiss was not a final, appealable order. The court of appeals concluded that, in this situation where there had been multiple mistrials, the order was a final, appealable order. The Supreme Court affirmed, holding that an order denying a motion to dismiss on double-jeopardy grounds is a final, appealable order. Remanded. View "State v. Anderson" on Justia Law