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State v. Flores12/30/1998
er the State chose to address Rosling's actions during the altercation with Flores, whether the State concluded that he assaulted Flores or was acting in self-defense, we conclude that it had little bearing on the fairness of Flores' trial. Flores was free to explain his theory of the State's bias against him in his summation. As for his ability to present his defense of self-defense, we conclude that the State did not impede Flores by not charging Rosling with misdemeanor assault.
59 Likewise, with regard to Flores' complaint that the State did nothing to investigate Harshbarger's threat to Fix and another witness prior to trial, we conclude that because Flores was able to question several witnesses about this matter and present his theory of bias in his closing remarks, Flores was not denied a fair trial.
60 Finally, with regard to the State's question to Flores regarding whether he receives public assistance, we agree with the District Court that it was an acceptable follow-up question to whether Flores was employed and how he obtained an income. The issue of Flores' financial condition was elicited on direct examination and was appropriately re-addressed in the State's cross-examination.
61 Based on our review of the facts of this case, we conclude that Flores was not denied a fair and impartial trial. Flores has failed to demonstrate manifest necessity and there exists no clear and convincing evidence that the District Court's rulings were erroneous. We further conclude that because we affirm the judgment of the District Court and the jury's verdict, there is no need to address the issue of whether the doctrine of double jeopardy bars the retrial of this case.
62 The judgment of the District Court and jury is affirmed.
CHIEF JUSTICE TURNAGE, JUSTICES NELSON, HUNT and LEAPHART concur.
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