Defendant wife was charged with 2 counts of domestic battery against her husband.  The case proceeded to jury trial.

Both sides gave closing arguments.  Defense counsel told the jury that husband had a “very powerful reason” to accuse his wife of battering him.  That reason was that they were in the middle of divorce proceedings.  And, husband wanted custody of their two young children.

The court declared a mistrial.   That meant that the State could file charges against Defendant again.

Defendant filed a motion to dismiss on double jeopardy grounds.   The court denied this motion. Wife appealed.

The Appellate Court reversed. It said that the Trial Court had made a hasty decision to declare mistrial when it did.

Defense counsel’s comments were certainly improper.   But that did not justify declaration of a mistrial.

The State failed to show a manifest necessity for a mistrial.   Therefore, the case was dismissed on double jeopardy grounds.

People v. Shoevlin, 2019 IL App (3d) 170258 (January 3, 2019).