State v. Saunders

Citations

• 2025 Ohio 4741

Syllabus

DOUBLE JEOPARDY — SUA SPONTE MISTRIAL — CONSENT —NECESSITY: The trial court erred by denying defendant's motion to dismiss the charges based on double jeopardy where the trial court presiding over defendant's first trial had abused its discretion in sua sponte declaring a mistrial: defendant did not consent to the mistrial and the original judge's act of affirming the prosecutor's recollection of an in-chambers discussion between the parties did not prevent a fair trial.