STEWARD v. STATE

No. A01A1118.

555 S.E.2d 33 (2001)

251 Ga. App. 657

STEWARD v. The STATE.

Court of Appeals of Georgia.

September 27, 2001.


Attorney(s) appearing for the Case

Sean M. Maher, Avondale Estates, Tamara J. Wayland, Decatur, for appellant.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Asst. Dist. Atty., for appellee.


POPE, Presiding Judge.

During Michael Steward's trial on counts of rape, incest and two counts of aggravated sodomy, the court declared a mistrial when the state's expert witness introduced evidence that violated the ultimate issue rule. Steward then filed a plea in bar to prevent re-trial on the grounds that another trial would constitute double jeopardy because the mistrial was caused by intentional prosecutorial misconduct. The trial court denied the motion, and...

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