Matter of Grant v. Kreindler, Relin and Goldberg, 28 N.Y.2d 419 (1971)
A mistrial granted without manifest necessity, and over the defendant’s objection, bars a retrial on double jeopardy grounds.
Summary
This case concerns a defendant, Grant, whose trial was terminated by a mistrial declared by the judge due to a potential, albeit remote, appearance of bias. The New York Court of Appeals held that declaring a mistrial under these circumstances, over the defendant’s strenuous objection and without manifest necessity, violated the defendant’s double jeopardy rights, thus prohibiting a retrial. The court emphasized that the appearance of impropriety alone is insufficient to justify a mistrial; there must be a demonstrable and substantial basis, a “manifest necessity,” to override the defendant’s right to have his trial completed by the original tribunal.
Facts
The trial court judge, during Grant’s trial, recalled that his cousin was acquainted with Grant’s father. Grant’s father had previously contacted the judge’s chambers about a complaint of police harassment unrelated to the current case. The judge had no personal interaction with Grant or his father, and the contact was minimal (a call to the judge’s clerk a year prior). The judge, concerned that this recollection “might in some conceivable way affect his judgment,” “disqualified” himself and declared a mistrial “in the interests of justice.”
Procedural History
The trial commenced without a jury, and after a police witness testified, jeopardy attached. Grant’s counsel objected to the mistrial, arguing that no cause existed and noting a tactical advantage gained from the police officer’s testimony. After the mistrial was declared, Grant sought relief under CPLR Article 78, seeking to prohibit retrial based on double jeopardy. The Appellate Division prohibited the retrial. The prosecution appealed to the New York Court of Appeals.
Issue(s)
Whether a mistrial, declared by a judge due to a remote possibility of bias and over the defendant’s objection, constitutes manifest necessity, thus permitting a retrial without violating the constitutional prohibition against double jeopardy.
Holding
No, because the judge’s subjective appraisal of a remote possibility of bias was not within the ambit of the well-established rule that “manifest necessity” must be shown to justify a mistrial. The remote possibility of unfair treatment, combined with a clear showing of prejudice to the defendant, interdicted the mistrial.
Court’s Reasoning
The Court of Appeals held that the mistrial was improperly granted because it lacked “manifest necessity.” The court emphasized the importance of a defendant’s right to have their trial completed by a tribunal they believe to be favorably disposed to their fate. The court quoted United States v. Jorn, stating that the judge must consider “the importance to the defendant of being able, once and for all, to conclude his confrontation with society through the verdict of a tribunal he might believe to be favorably disposed to his fate”. Although the appearance of impropriety is a valid concern, it cannot be used as an “escape hatch from the performance of an unpleasant duty.” The court emphasized that “the necessity must be ‘manifest,’” and the remote possibility of unfair treatment, combined with the prejudice to the defendant (losing a tactical advantage), made the mistrial improper. The Court distinguished between a genuine, demonstrable need for a mistrial and a mere subjective apprehension of bias. The court noted that a mistrial declared in the public interest and against the defendant’s will must have some basis of demonstrable substance.