State v. Upton

Citations

• 2025 Ohio 1660

Syllabus

Motion to dismiss; motion for reconsideration; mistrial; jury polling; double jeopardy. The trial court did not err when it denied defendant-appellant's motion to dismiss two counts pursuant to the double-jeopardy doctrine. Specifically, double jeopardy did not bar retrial of the two counts where the trial court granted defendant-appellant's motion for a mistrial due to irregularities in the jury polling process, and not because of prosecutorial misconduct.