State v. Spivey

Citations

• 2024 Ohio 4492

Syllabus

Mistrial juror misconduct deadlocked double jeopardy manifest necessity racial bias motion to dismiss. The trial court did not abuse its discretion in denying the appellant's motion to dismiss the indictment based on double jeopardy grounds. Contrary to appellant's claim, the jury had not reached a verdict as to Counts 1-4, 7, and 8. The jury took a preliminary vote on the ten counts but did not sign verdict forms. The trial court's decision to declare a mistrial due to manifest necessity was not an abuse of discretion based on the totality of the circumstances because the court had already excused three jurors and a fourth juror had asked to be excused the jury twice told the court it was deadlocked, and two jurors felt that the jury was impermissibly influenced by another juror's alleged racial bias.