Rios v. the State (two Cases)

Summary

The court affirmed the denial of both appellants’ pleas in bar, holding that retrial was not barred by double jeopardy after the trial court declared a mistrial based on the late disclosure of a material ballistics report. As to Rios, the trial court acted within its discretion because the record showed manifest necessity and consideration of alternatives. As to Carter, the trial court did not clearly err in finding that the prosecutor neither intentionally suppressed the report nor intended to provoke a mistrial.