344 S.W.3d 865
Mo. Ct. App.2011Background
- Lee was charged with murder in the first degree, multiple counts of assault and armed criminal action in Jackson County, Missouri.
- The circuit court dismissed the charges with prejudice after a mistrial caused by an improper police-witness remark.
- Defense moved to dismiss with prejudice; the trial court found police misconduct intentional and aimed to provoke a mistrial, and granted the dismissal.
- The State appealed, arguing there was no basis to dismiss with prejudice because prosecution was not involved and there was no proven intent to subvert the trial by prosecutors.
- The trial court treated police misconduct as governmental conduct, potentially implicating the double jeopardy clause if imputed to the State.
- On appeal, the court considered whether double jeopardy barred reprosecution and whether the court had authority to dismiss with prejudice under these facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had authority to dismiss with prejudice | Lee | Lee | Dismissal with prejudice reversed; no authority when prosecution uninvolved |
| Whether double jeopardy bars retrial | State | Lee | No bar where misconduct not imputed to prosecution and mistrial not caused by prosecutorial intent |
| Whether police misconduct can be imputed to the State for double jeopardy purposes | State | Lee | Do not impute rogue officer's conduct to prosecution in this context |
| Whether defendant requested the mistrial to trigger a remedy that prevents reprosecution | State | Lee | Mistrial requested by defense does not necessarily implicate double jeopardy unless government goading evident |
Key Cases Cited
- Oregon v. Kennedy, 456 U.S. 667 (1982) (double jeopardy when mistrial caused by prosecutorial intent to provoke)
- Clauser v. McCevers, 731 F.2d 423 (7th Cir. 1984) (police misconduct not imputable to prosecutor for double jeopardy purposes)
- Wittsell v. State, 66 P.3d 835 (Kan. 2003) (police misconduct not imputed to prosecution when cross-examination defense elicited statement)
- Goord v. Rogers, 371 F. Supp. 2d 348 (W.D.N.Y. 2005) (unSolicited police comment not imputable to prosecution)
- Kemper v. Vincent, 191 S.W.3d 45 (Mo. banc 2006) (defendant's mistrial and double jeopardy considerations when defense requests mistrial)
- State v. Barton, 240 S.W.3d 693 (Mo. banc 2007) (prosecution misconduct required for dismissal with prejudice)
- State v. Ward, 242 S.W.3d 698 (Mo. banc 2008) (mistrial decisions reside in trial court's discretion)