Roesser v. State
316 Ga. App. 850
Ga. Ct. App.2012Background
- Roesser was indicted for malice murder, felony murder, aggravated assault, and three firearm counts; convicted on all indicted counts in first trial; granted new trial; second trial defendants sole defense was self-defense; jury acquitted on malice murder, felony murder, aggravated assault, and one firearm count, but deadlocked on voluntary manslaughter and related counts; mistrial declared for voluntary manslaughter; Roesserpleaded former jeopardy (plea in bar); Georgia appellate court to decide if retrial on voluntary manslaughter is barred by double jeopardy.
- Jury could be retried for the voluntary manslaughter charge despite acquittals on greater offenses due to mistrial and lack of collateral estoppel.
- Court held that collateral estoppel does not bar retrial on voluntary manslaughter and mistrial preserved the defendant’s jeopardy for the lesser included offense.
- Court relied on State v. Archie to permit retrial of the lesser included offense as long as the next jury does not know of the murder charge.
- Court distinguished Yeager v. United States and held that issues of intent in homicide cases can lead to different outcomes on retrial, allowing conviction on voluntary manslaughter if proven beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retrial on voluntary manslaughter after hung jury violates double jeopardy | Roesser contends acquittals bar retrial | State contends no collateral estoppel and mistrial permits retrial | Retrial not barred by double jeopardy |
| Whether collateral estoppel applies to bar retrial on voluntary manslaughter | Yeager-based collateral estoppel applies | Not applicable here | Collateral estoppel does not apply |
| Whether jury's acquittals on murder/assault necessarily decided self-defense | Acquittals necessarily reflected justification | Acquittals did not necessarily determine justification | Acquittals did not necessarily decide justification defense |
| Whether mistrial for hung jury terminates defendant's jeopardy | Mistrial does not terminate jeopardy | Same understanding of jeopardy | Mistrial does not terminate jeopardy; retrial permitted |
| Whether Archie controls retrial on lesser included voluntary manslaughter | Archie permits retrial on lesser included where the jury is unaware of the indicted murder charge |
Key Cases Cited
- Yeager v. United States, 557 U.S. 110 (Supreme Court 2009) (collateral estoppel limited where essential issue decided in prior trial)
- Ashe v. Swenson, 397 U.S. 436 (Supreme Court 1970) (issue preclusion in jeopardy context)
- State v. Archie, 30 Ga. App. 253 (Ga. App. 1998) (retrial on lesser included offense if murder acquittal does not reveal the murder charge to jury)
- Rower v. State, 267 Ga. 46 (Ga. 1996) (jury acquittal not necessarily negates issues for re-prosecution on related counts)