Cohns v. State.dissent

Summary

Justice Josephine Linker Hart dissented from the denial of review, arguing that the court of appeals improperly found that the defendant consented to a mistrial. She maintained that defense counsel unequivocally objected to the mistrial and that the circuit court instead relied on an asserted overruling necessity. The dissent contended that the factual distortion improperly avoided a difficult double-jeopardy issue.