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DOUMBOUYA v. COUNTY COURT OF DENVER

No. 09CA2271.

224 P.3d 425 (2009)

Boubacar DOUMBOUYA, Plaintiff-Appellant, v. The COUNTY COURT OF the CITY AND COUNTY OF DENVER; Hon. Andre Rudolph, one of the judges thereof; and the City and County of Denver, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

December 24, 2009.

Attorney(s) appearing for the Case

Ridley, McGreevy & Weisz, P.C., Barrett Weisz, Robert T. Fishman, Denver, Colorado, for Plaintiff-Appellant.

David R. Fine, City Attorney, Vince A. DiCroce, Assistant City Attorney, Melissa Drazen-Smith, Assistant City Attorney, Nate Fehrmann, Assistant City Attorney, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge CONNELLY.

Where a mistrial is declared in a criminal prosecution over defense objection, double jeopardy bars retrial unless there was "manifest necessity" for the mistrial. Here, the county court declared a mistrial during cross-examination of an alleged victim in the misdemeanor assault case against defendant, Boubacar Doumbouya. Defendant then filed a C.R.C.P. 106(a)(4) action contending that retrial would violate double jeopardy. (Though he is...

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