COM. v. SCOTT

No. 98-SC-0764-DG.

12 S.W.3d 682 (2000)

COMMONWEALTH of Kentucky, Appellant, v. Lashawndrick Demans SCOTT, Appellee.

Supreme Court of Kentucky.

February 24, 2000.


Attorney(s) appearing for the Case

Albert B. Chandler III, Attorney General of Kentucky, Dana M. Todd, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, for appellant.

Daniel C. Hicks, Katherine Hicks Demps, Hicks & Demps, Hopkinsville, for appellee.


LAMBERT, Chief Justice.

After jeopardy has attached in a criminal trial, a mistrial may not be declared unless there is a manifest necessity. For reasons of perceived hostility from a juror, the Commonwealth sought and was granted a mistrial. The Court of Appeals reversed the subsequent conviction on former jeopardy grounds, and the Commonwealth sought review in this Court, contending that the manifest necessity standard has been met, and that the Court of Appeals...

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