Hightowerv.State
Michelle Hightower’s murder trial began in Fulton County on March 9, 2020, and five witnesses testified before the jury was discharged four days later under a county judicial-emergency order barring jurors and jury trials for 30 days. A juror had reported a worsening sore throat, a State witness reported flu-like symptoms, and the trial was not expected to finish that day. Over Hightower’s objection, the trial court declared a mistrial; she later argued that retrying her would violate double jeopardy because there was no manifest necessity and the court had not considered alternatives. The Supreme Court of Georgia held that the court acted within its discretion: a weekend trial would violate the order, while an indefinite continuance offered no assurance the same jury could return after the emergency. It therefore affirmed denial of Hightower’s plea in bar, leaving retrial available, and did not decide whether the county emergency alone would have justified a mistrial.
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