Manifest necessity definition
Manifest necessity means the trial court declared a mistrial because a “sufficiently compelling reason” obstructed “a full and fair adjudication of the case.” Id. (quoting State v. Stevens, 126 Idaho 822, 826, 892 P.2d 889, 893 (1995) (identifying factors for consideration). An example of a “sufficiently compelling reason” includes “some procedural error or other problem” serious enough to outweigh the defendant’s interest in obtaining a final resolution of the charges against him. Id. Determining whether manifest necessity exists to terminate a trial is not subject to a bright-line rule; rather, it is based on the consideration of the facts in each case. Id. Such factors may include whether “any less drastic alternative” could have adequately resolved the problem or error precipitating the mistrial; whether continuation of the trial would have necessarily resulted in a reversal on appeal; whether the prosecution engaged in bad faith or oppressive conduct; whether a mistrial was in the defendant’s interest; and whether and to what extent a second trial would prejudice the defendant. Id. Also, “if a trial judge acts irrationally or irresponsibly, the mistrial declaration cannot be condoned.” Manley, 142 Idaho at 345, 127 P.3d at 961 (quotations omitted).
Manifest necessity means a ‘high degree’ of necessity must exist
Manifest necessity means that compliance with the sound pressure levels will cause undue hardship and:
More Definitions of Manifest necessity
Manifest necessity means a ‘high degree’ of necessity.” Id., ¶19 (citation omitted). Whatever the precise meaning of a “high degree of necessity,” it is not present here.