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STATE v. MCCONVEY4/26/1983
The defendant, Stanley McConvey, appeals a judgment of conviction on two counts of vehicular manslaughter, Class C, 17-A M.R.S.A. § 203(3) (1983) entered after a jury trial in Superior Court, Washington County. We address the defendant's contentions that (1) his second trial was barred by principles of double jeopardy and that (2) the presiding justice erred in admitting, as part of the State's rebuttal, the blood-alcohol test results allegedly obtained in violation of 29 M.R.S.A. § 1312 (1978). We affirm the judgment of the Superior Court.
A two-car collision which occurred on February 1, 1981 on Grand Lake Stream Road in Washington County resulted in the death of William and Annette Goode, the driver and the passenger of one of the cars. The defendant, Stanley McConvey, the driver of the other car, was subsequently indicted for two counts of vehicular manslaughter, Class C, 17-A M.R.S.A. § 203(3). On January 18, 1982, the first jury trial commenced. On January 21, 1982, at 12:52 p.m., the Superior Court charged the jury and sent it to deliberate. At 6:55 p.m.,
after deliberating for six hours, the jury returned for further instruction. The first note from the jury read: "We cannot reach agreement. What do we do now?" The second note read: "May we break for supper?" Addressing the foreman, the judge stated: "My inquiry to you is whether or not you feel you are hopelessly deadlocked or, if we had your evening meal brought in to you and you were to continue deliberations, you might be able to reach a unanimous verdict." The foreman replied: "Your honor, at this point, we are 11 to one, and the last one had stated he will not change his mind." The justice then ordered the jury to return to the jury room to have their evening meal. The justice also encouraged the jury to continue deliberations.
Two hours later, at 8:50 p.m., the jury returned with a third note which read: "Your Honor, we, the Jury, are hopelessly deadlocked, none of us willing to change our minds." The justice proceeded to poll each juror separately. Each juror stated that the jury was "hopelessly deadlocked." The justice then declared a mistrial. The justice asked counsel to make a statement for the record. Both the prosecutor and defense counsel stated that they had not requested the mistrial and that they did not consent to or agree to the mistrial. Addressing the court, the prosecutor asked: "More in the language of State versus Linscott, is the Court basing its finding on manifest necessity for the declaring of the mistrial?" The court replied: "It does so find."
The prosecutor rescheduled the case for a second trial. The defendant then filed a motion to dismiss the indictment based upon the allegation that the second trial violated the prohibition against double jeopardy. Also, at that time, the State filed a motion in limine seeking to have blood-alcohol test results admitted in evidence. Denying the motion to dismiss, the Superior Court reasoned that the double jeopardy prohibition does not attach to a trial in which there is declared a mistrial by reason of manifest necessity. Addressing the motion in limine, the justice ruled that the test results were inadmissible as part of the State's case in chief in this second trial.
On July 26, 1982, the second trial began. The State's case in chief consisted of the testimony of the Chief of Police for the Indian Township Tribal Government, Norman D. Nicholson. The chief testified that the accident occurred at approximately 2:45 p.m. and that the defendant was immediately taken to the Calais Regional Hospital. The chief stated that when he arrived at the hospital at approximately 6:00 p.m., he found that the defendant was very irate and lucid and
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