Elena Gaston v. Commonwealth

Summary

The court affirmed the denial of extraordinary relief from the trial judge's refusal to dismiss the indictments on double-jeopardy grounds. It held that, in the highly unusual circumstances presented, the trial judge acted within his discretion in declaring a mistrial based on defense counsel's constitutionally ineffective opening statement and the resulting manifest necessity. The court emphasized that the judge considered alternatives, heard both parties, issued a curative instruction, and explored whether the defendant wished to continue. No separate opinions were issued.