James Russell Sanders was tried for vehicular homicide and related offenses after his truck crossed a highway median and killed another driver. During trial, the court declared a mistrial while considering the admissibility of deposition testimony. Sanders argued that the mistrial was not supported by manifest necessity and that a second prosecution was barred by double jeopardy. The Court of Appeals agreed. The disputed testimony was limited, the court had already heard argument about its admissibility, and feasible alternatives existed, including a recess while the court ruled. The trial court did not adequately consider Sanders’s constitutional right to have the first jury decide the case before terminating the trial. The appellate court therefore held that the mistrial was an abuse of discretion and that Sanders was entitled to a plea in bar. It reversed the trial court’s order.