Supreme Court of Georgia
Carman v. the State.
June 18, 2018815 S.E.2d 860
Summary
The court held that retrial after the mistrial would not violate double jeopardy because the trial judge reasonably found a manifest necessity arising from defense counsel's severe emotional distress and the unpreparedness of substitute counsel. The trial judge adequately considered alternatives, allowed the parties to present their positions, and acted within the broad discretion governing mistrials. Carman's separate counsel-of-choice claim was either unsupported by the record or unpreserved for appellate review.