707 S.E.2d 799
S.C.2011Background
- Parker killed his sister's boyfriend, Victim, and was tried for murder in 2003 with a self-defense defense.
- During the first trial, a videotape of the crime scene, including graphic images, was prepared; the original tape was shown to the jury despite a redacted version being provided to defense counsel.
- Defense sought mistrial and dismissal with prejudice based on prosecutorial misconduct; the circuit court denied, and the jury was ultimately instructed to disregard the body image.
- In closing, the solicitor accused defense counsel of unethical conduct and urged conviction to protect the community; defense again moved for a mistrial, which the court denied.
- The jury deadlocked twice; the circuit court granted a mistrial on the grounds of prosecutorial misconduct and cumulative improper conduct.
- Nearly two years later Parker was retried and convicted of murder; Parker moved to dismiss on double jeopardy grounds, which the circuit court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court of appeals erred in affirming denial of dismissal for double jeopardy | Parker | Parker | Double jeopardy bars retrial where prosecutorial intent goads mistrial |
Key Cases Cited
- Oregon v. Kennedy, 456 U.S. 667 (U.S. 1982) (double jeopardy bar requires prosecutorial intent to provoke mistrial)
- State v. Coleman, 365 S.C. 258 (Ct.App. 2005) (prosecutorial intent to subvert double jeopardy governs retrial bar)
- State v. Mathis, 359 S.C. 450 (Ct.App. 2004) (mistrial motion and intent considerations for double jeopardy)
- Hill v. State, 377 S.C. 462 (S.C. 2008) (trial court credibility and weighing of intent-related evidence)
- United States v. Williams, 472 F.3d 81 (3d Cir. 2007) (subjective intent to provoke mistrial controls double jeopardy analysis)