Salt Lake City v. Reyes-Gutierrez, 405 P.3d 781

Reyes‑Gutierrez was charged with retail theft (class A misdemeanor based on prior convictions) and proceeded to trial.
A store surveillance video existed but produced copies would not play for either side; witnesses testified they had given video to police but no playable copy was before the jury.
After lunch, the prosecutor sought to inform the jury that a video had been provided but could not be played; the court and parties discussed calling defense counsel or the prosecutor to explain the video’s provision/functionality.
Defense counsel repeatedly said she would move for a mistrial if called to testify; the court indicated it might allow either attorney to testify; the City ultimately stipulated to a mistrial and one was declared with defendant’s consent.
Defendant moved to bar retrial under double jeopardy, arguing the prosecution goaded him into seeking the mistrial; the trial court held an evidentiary hearing, credited the prosecutor’s sworn testimony that he did not intend to provoke a mistrial, and denied the motion.
On retrial the jury convicted Reyes‑Gutierrez; he appealed solely on the double jeopardy/goading issue and the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether retrial was barred by double jeopardy because prosecutor intended to provoke a mistrial	City: prosecutor sought to present facts about the video to the jury, not to provoke a mistrial; any mistrial was not the product of prosecutorial bad faith	Reyes‑Gutierrez: prosecutor’s conduct (pressing to call counsel/prosecutor, then stipulating) was designed to provoke a mistrial so the prosecution could get a better retrial	Court: no clear error in trial court finding; prosecutor did not intend to goad defendant into mistrial, retrial not barred

Oregon v. Kennedy, 456 U.S. 667 (1982) (double jeopardy bars retrial only when prosecutor intended to provoke mistrial)
United States v. Scott, 437 U.S. 82 (1978) (defendant’s mistrial motion generally waives right to be tried by first tribunal)
State v. Lafferty, 20 P.3d 342 (Utah 2001) (bad‑faith conduct by prosecutor or judge to provoke mistrial can bar retrial)