Frost v. the State
328 Ga. App. 337
| Ga. Ct. App. | 2014Background
- Frost was charged with DUI (less safe), striking a fixture, and open container after being found asleep at the wheel in a running car next to a damaged condominium gate; he refused breath/field tests.
- At trial, the jury reported being deadlocked 5–1 on the DUI count but the foreman stated the jury had reached unanimous verdicts on the other two counts.
- The trial court declined Frost’s request to have the two unanimous verdicts read and declared a mistrial on all three counts over his objection; no signed verdict form was available in the record.
- Frost moved to bar retrial on the two decided counts under double jeopardy; the trial court denied the plea, finding manifest necessity for the mistrial.
- The State had also sought to admit evidence of Frost’s two prior DUI convictions; the trial court admitted them for the limited purpose of proving knowledge.
Issues
| Issue | Frost's Argument | State's Argument | Held |
|---|---|---|---|
| Whether mistrial for all counts bars retrial of counts on which jury had returned unanimous verdicts | Jury had reached unanimous verdicts on two counts; court should have accepted them and only mistrial the hung count; retrial on decided counts violates double jeopardy | Mistrial was justified because no signed verdict form existed and the jury did not resolve the whole case; manifest necessity warranted mistrial on all counts | Reversed: no manifest necessity to abort all verdicts; retrial barred on the two decided counts (striking a fixture and open container) |
| Admissibility of prior DUI convictions under OCGA §24-4-417 and §24-4-404(b) on retrial of DUI count | Prior convictions inadmissible because they involve refusals in each instance; §24-4-417 requires prior test-taking/failure or some relevant connection to knowledge/plan/absence of mistake, and DUI is general intent so "knowledge" is not a proper basis | Prior DUIs show similarity and knowledge/plan; trial court admitted them for limited purpose of proving knowledge | Reversed: trial court abused discretion; prior DUI convictions not admissible for the proffered purposes where prior incidents also involved refusals and DUI is a general-intent offense |
Key Cases Cited
- Bair v. State, 250 Ga. App. 226 (manifest necessity standard for mistrial; heavy State burden)
- Wilson v. State, 229 Ga. App. 455 (standard of review for double jeopardy plea)
- Jackson v. Houston, 200 Ga. 399 (presumptions in favor of validity/publication of verdicts)
- Martin v. State, 73 Ga. App. 573 (verdict need not be on particular paper; return and publication create legality)
- Johnson v. State, 256 Ga. App. 730 (less drastic alternative: accept decided counts and retry only hung count)
- Jones v. State, 326 Ga. App. 658 (DUI is general-intent crime; similar transaction evidence cannot prove required mental state)
- Allen v. United States, 164 U.S. 492 (instruction on jury deadlock/Allen charge)