Supreme Court of Georgia

State v. Jackson.

August 5, 2019831 S.E.2d 798

Summary

The court affirmed the orders granting Jackson a mistrial and barring retrial. It held that the trial court acted within its broad discretion because the prosecutor improperly argued facts about an absent witness that were not in evidence, creating substantial prejudice in a case with significant evidentiary weaknesses. The court further held that the trial court's finding that the prosecutor intentionally sought to provoke a mistrial was supported by the record and was not clearly erroneous.