Wayne L. Honesterv.The State
CourtCourt of Appeals of Georgia
Docket No.A15A2235
DecidedMarch 11, 2016
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureDouble JeopardyMistrialPlea in BarReversalRemand
Case Summary
Wayne Honester challenged the denial of a plea in bar after the trial court ended his first trial on felony obstruction before the jury reached a verdict. Honester objected to the mistrial and argued that the court should have used an Allen charge and allowed the jury to continue deliberating. The Court of Appeals of Georgia held that the mistrial was declared without manifest necessity and over Honester’s objection. Under Georgia’s double-jeopardy protections, he was therefore entitled to a plea in bar and could not be tried again on the charge. The court reversed and remanded with direction that the trial court grant the plea in bar.
Opinion
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