Kendal Wayne Bodie a/k/a Kendal W. Bodie a/k/a Kendal Bodie v. State of Mississippi

Summary

The Mississippi Court of Appeals affirmed Kendal Bodie’s convictions and sentences for two counts of sexual battery and one count of touching a child for lustful purposes. The court held that Bodie’s retrial after his first trial ended in a mistrial did not violate the constitutional protection against double jeopardy because he moved for the mistrial and failed to show that the prosecution intentionally caused the error to force that motion. The court also held that the double-jeopardy claim could be considered despite being raised for the first time on appeal.

Holdings

1. The court addressed the merits of Bodie's double-jeopardy claim because double-jeopardy protection is a fundamental right and the court would not apply a procedural bar.
2. The retrial did not violate double jeopardy because Bodie failed to show that the prosecution purposefully committed error to force him to request a mistrial.

Questions Presented

1. Whether Bodie's second trial violated the federal and Mississippi constitutional protections against double jeopardy after his first trial ended in a mistrial requested by Bodie.
2. Whether the double-jeopardy claim, raised for the first time on appeal, was procedurally barred.

Disposition

affirmed