State v. Webster

Citations

• 2020 Ohio 3576

Syllabus

After the trial court declared a mistrial due to a hung jury, a second jury trial was conducted the next day, resulting in appellant's conviction for failure to comply with an order or signal of a police officer. Appellant's right to be free from double jeopardy was not violated by holding the second trial on the following day. Although Crim.R. 29(C) allowed appellant to file a motion for a judgment of acquittal up to 14 days from the discharge of the first jury, appellant's due process rights were not violated by the next-day retrial when he failed to object to the new trial date or ask for a later trial date. Appellant's conviction after the second trial was not based on insufficient evidence or against the manifest weight of the evidence. Judgment affirmed.