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STATE v. MANATAU

No. 20100908.

322 P.3d 739 (2014)

2014 UT 7

STATE of Utah, Plaintiff and Appellee, v. Afuhia MANATAU, Defendant and Appellant.

Supreme Court of Utah.

March 7, 2014.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Jeanne B. Inouye , Asst. Att'y Gen., Salt Lake City, for plaintiff.

Lori J. Seppi , Salt Lake City, for defendant.

Justice DURHAM authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice NEHRING, Justice PARRISH, and Justice LEE joined.

Justice DURHAM, opinion of the Court:

INTRODUCTION

¶ 1 In this appeal, we address whether the trial court erred by denying defendant Afuhia Manatau's motion to dismiss the charges against him on double jeopardy grounds. We specifically address whether the double jeopardy clause of the Utah Constitution barred Mr. Manatau's retrial when a trial judge declared a mistrial without establishing legal necessity to do so. We conclude that the burden to create...

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