State ex rel. Bevins v. Cooper
6 N.E.3d 33
Ohio2014Background
- Bevins was tried in 2003 for aggravated burglary and rape; the jury hung, resulting in a mistrial.
- A 2005 retrial before Judge Ethna M. Cooper led to Bevins’s convictions on both charges.
- On direct appeal, the court remanded for resentencing but affirmed the convictions.
- Bevins sought a writ of mandamus/prohibition alleging the 2003 discharge of the jury was unauthorized because the journal entry did not state the reasons under R.C. 2945.36.
- The Supreme Court held Bevins waived objections by not raising them before the second trial and noted available traditional remedies; writ denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of journal-entry discharge issue under RC 2945.36 | Bevins argues discharge lacked required journal-entry basis | Cooper argues objection was waived by Bevins | Waived; writ denied |
Key Cases Cited
- State v. Gunnell, 132 Ohio St.3d 442 (2012-Ohio-3236) (double jeopardy manifest-necessity standard; hung jury as core example; RC 2945.36 allows discharge without prejudice when no probability of agreement)
- Oregon v. Kennedy, 456 U.S. 667 (1982) (protection against retrial after jeopardy ends; guide for manifest-necessity concepts)
- Arizona v. Washington, 434 U.S. 497 (1978) (manifest-necessity justification for mistrial and retrial)
- Illinois v. Somerville, 410 U.S. 458 (1973) (hung juries as prototypical for mistrial/retrial analysis)