Oregon v. Moore

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Relator Mark Moore, who was a defendant in the underlying criminal case, sought a writ of mandamus directing the trial court to dismiss the indictment against him with prejudice, based on former or double jeopardy under state and federal law. This petition arose out of criminal charges involving defendant, a codefendant and a third defendant. All three men allegedly played a role in the arson-related death of the victim. After a jury was impaneled and several witnesses for the state had testified, the trial court declared a mistrial. When the State sought a retrial, defendant moved to dismiss the indictment on jeopardy grounds, and the trial court denied his motion. The issue before the Supreme Court was whether, under Article I, section 12, of the Oregon Constitution, there was “manifest necessity” for the trial court’s mistrial order. After review, the Court concluded the State did not meet its burden of demonstrating that the trial court’s mistrial was consistent with the “manifest necessity” standard. The Court therefore directed the issuance of a peremptory writ of mandamus requiring the trial court to dismiss the indictment with prejudice. View "Oregon v. Moore" on Justia Law