State v. Solomon, 157 N.H. 47

Summary

The Supreme Court of New Hampshire held that a mistrial declared over the defendant's objection after the presiding judge became unavailable violated the New Hampshire Constitution's Double Jeopardy Clause. Although the judge's deployment to Iraq created unavailability, the State failed to show that reasonable measures had been taken or were unavailable to protect the defendant's right to have the trial completed before the same tribunal. The court reversed the mistrial ruling and did not reach the federal constitutional claim.

Holdings

1. The State failed to demonstrate manifest necessity for the mistrial because it did not show that reasonable measures were taken, or were unavailable, to protect the defendant's right to have the trial completed before the same fact finder while Judge Coughlin remained available.

Questions Presented

1. Whether the trial court's declaration of a mistrial over the defendant's objection was supported by manifest necessity under Part I, Article 16 of the New Hampshire Constitution.
2. Whether retrial before a different fact finder would violate the defendant's constitutional right to have his trial completed by the same tribunal.

Disposition

reversed