State v. Webster, 2014 Ohio 5647

Defendant Tyrelle Webster shot and killed Grover Watson after an earlier physical altercation in which Watson struck Webster with a chair; Webster left and returned about 20 minutes later and then shot Watson multiple times.
Physical evidence linked a single .38-caliber firearm to bullets recovered from Watson’s body and couch and to cartridge casings found in the girlfriend’s apartment; gunshot residue was found on Webster’s clothing.
At the first trial the defense moved for a mistrial after cross-examining a witness (Walz), asserting the state had failed to produce the witness’s prior statement; the trial court granted the mistrial.
The prosecutor opposed the mistrial and claimed no intentional discovery suppression; the court found the prosecutor did not intend to provoke the mistrial.
Webster was retried, convicted of murder with a firearm specification and of having a weapon while under a disability, and appealed on three grounds: retrial barred by double jeopardy, erroneous refusal to instruct on voluntary manslaughter, and manifest-weight challenge to the convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether retrial was barred by double jeopardy after defendant moved for mistrial	State: prosecutor did not intend to provoke mistrial; discovery lapse inadvertent	Webster: prosecutor deliberately provoked mistrial by withholding discovery, barring retrial	Court: no prosecutorial intent to provoke; retrial permissible; no prejudice or advantage to state
Whether trial court erred by refusing voluntary-manslaughter instruction	State: evidence did not support sudden passion/fit of rage given time to cool off	Webster: chair blow was sufficient provocation to warrant instruction	Court: refusal proper — insufficient evidence of sudden passion; cooling-off period present
Whether convictions were against manifest weight of the evidence	State: forensic and witness evidence strongly support convictions; Webster stipulated to disability	Webster: testimony and circumstances undermined convictions	Court: jury credibility determinations reasonable; convictions not against manifest weight

United States v. Scott, 437 U.S. 82 (trial court grant of mistrial by defendant generally permits retrial)
Oregon v. Kennedy, 456 U.S. 667 (retrial barred if prosecutor intended to provoke mistrial)
State v. Loza, 71 Ohio St.3d 61 (Ohio standard on prosecutorial intent to provoke mistrial)
State v. Wine, 140 Ohio St.3d 409 (requirement to give lesser-included offense instruction if any reasonable view of evidence supports it)
State v. Shane, 63 Ohio St.3d 630 (same test applied to lesser-degree offenses)
State v. Huertas, 51 Ohio St.3d 22 (cooling-off period defeats sudden-passion instruction)
State v. Thompkins, 78 Ohio St.3d 380 (standard for reviewing manifest weight of the evidence)