In re Petition for Habeas Corpus by Bowman

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The Supreme Court granted Petitioner's petition for a writ of habeas corpus challenging the State's authority to pursue a second trial against him on criminal charges, holding that the district judge's declaration of a mistrial in this case was error and that none of the circumstances allowing a second trial under Kan. Stat. Ann. 21-5110 applied. Petitioner was charged with rape, aggravated criminal sodomy, and four counts of intimidation of a witness or victim stemming from his alleged sexual abuse of his three-year-old granddaughter. Petitioner's first trial ended when the district judge declared a mistrial on the grounds that the alleged victim, who was then four years old, did not respond when asked to take the oath required of all witnesses. The judge allowed the case against Petitioner to be tried a second time. The Supreme Court granted Petitioner's petition for writ of habeas corpus, holding that Petitioner successfully established that the district judge improperly declared a mistrial and that no exception to the statutory bar to a second trial applied. View "In re Petition for Habeas Corpus by Bowman" on Justia Law