OUI Mistrial Massachusetts Officer Endanger Lawyers Franklin County

Commonwealth v. Rochester

Facts:

Defendant challenged an order from the Franklin District Court Department (Massachusetts), which directed verdicts and entered a judgment on the jury’s verdicts to convict defendant of failing to stop for a police officer while operating a motor vehicle and of driving to endanger.

OUI Mistrial Massachusetts Officer Endanger Lawyers

Issue:

• Whether there was merit in defendant’s contentions that a judge’s unobjected to instructions to the jury in a criminal case ordering them to return verdicts of guilty on certain charges should be treated as though they were a declaration of a mistrial in the absence of “manifest necessity”?

Discussion:

Defendant was charged on complaints with two counts of failing to stop for a police officer while operating a motor vehicle, with two counts of driving to endanger, and with one count of operating under the influence of liquor. At trial, defense counsel stated in his closing arguments that defendant had admitted to some of the charges, and the trial judge twice directed the jury to return verdicts of guilty on the charges of operating to endanger and of failing to stop for a police officer. The jury then returned guilty verdicts as directed and acquitted defendant on the operating under the influence charge. On appeal, the court held that: defense counsel’s statements during closing arguments could not be considered a knowing and voluntary waiver of a jury trial or a guilty plea; and the trial judge’s improper jury instructions were not in the circumstances that were the functional equivalent of a declaration of a mistrial to preclude a retrial on double jeopardy grounds, and the “manifest necessity” requirement to a declaration of a mistrial did not apply because defense counsel did not object when the trial judge ordered the jury to return guilty verdicts. The court reversed the trial court’s judgment and set aside the verdicts

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.