STATE v. HS
Client was accused of domestic violence for allegedly pushing his ex wife three times into a cinder block wall in the laundry room of his home. Ex wife called the police who met her at her parent’s home and took pictures of her lip which was allegedly scratched and had dried up blood on it. Attorney reviewed the pictures submitted by the State and encouraged his client to take the case to trial. During jury selection Attorney was faced with four potential jurors with law enforcement backgrounds (not favorable for the Defense) and four potential jurors who had negative experiences with domestic violence in their past, out of 16 total potential jurors to choose from. After successfully removing all unfavorable jurors for the defense, Attorney was able to choose a jury favorable for his client. Prior to trial the next day Attorney advised his client to turn down both a 6 month and 3 month probation offer while pushing the case forward to trial. With the State losing confidence in their case, they ultimately dropped the charges against Attorney’s client prior to the trial beginning. Because a jury was selected prior to the State dropping the charge, double jeopardy would prevent them from being able to re-file charges against Attorney’s client.