157 A.3d 239
Me.2017Background
- In May 2013 Kenneth Jandreau crashed into a utility pole and was charged with OUI (Class D); he pleaded not guilty.
- A two-day jury trial in May 2015 proceeded; during trial an accident reconstruction report (not previously disclosed) and a black-box speed reading were introduced; the trooper testified speed at impact was 64 mph.
- After ~4 hours of deliberations the jury sent three notes saying it could not reach a verdict; after polling jurors the court found all twelve unanimous that they were deadlocked and declared a mistrial sua sponte for manifest necessity.
- Post-trial discovery showed miscommunication between agencies delayed production of the reconstruction report and the black-box data had been reported out of order; the correct impact speed was ~27 mph, not 64.
- Jandreau moved to dismiss on double jeopardy grounds, arguing (1) the mistrial lacked manifest necessity and (2) prosecutorial misconduct in failing to disclose the report barred retrial. The trial court denied the motion; Jandreau appealed.
Issues
| Issue | Plaintiff's Argument (Jandreau) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the mistrial was supported by manifest necessity | Jury was not genuinely deadlocked; further deliberation could produce a verdict | Court reasonably exercised discretion after polling and notes; factors support deadlock | Court affirmed: manifest necessity existed (no abuse of discretion) |
| Whether undisclosed reconstruction report/prosecutor conduct bars retrial under Double Jeopardy | Failure to disclose amounted to prosecutorial misconduct or at least inexcusable negligence, warranting dismissal | State did not intentionally withhold evidence; delay resulted from police miscommunication, not prosecutorial intent | Court affirmed: no intentional prosecutorial misconduct; retrial not barred |
Key Cases Cited
- State v. Torrie, 794 A.2d 82 (Me. 2002) (articulates Derby factors for assessing jury deadlock and manifest necessity)
- State v. Nielsen, 761 A.2d 876 (Me. 2000) (standard of review for double jeopardy dismissal following mistrial)
- State v. McConvey, 459 A.2d 562 (Me. 1983) (deference to trial court’s discretion in declaring mistrial for deadlock)
- State v. Chase, 754 A.2d 961 (Me. 2000) (double jeopardy bars retrial only for intentional prosecutorial misconduct to prevent acquittal)
- State v. Johnson, 92 A.3d 351 (Me. 2014) (police are equivalent of prosecutor for discovery; negligent failure to disclose is not necessarily intentional misconduct)
- State v. Derby, 581 A.2d 815 (Me. 1990) (contrast case where jury was not genuinely deadlocked)