Sneed v. Hon. Rodney Burress
Annotate this CaseAppellant was charged with first-degree rape, first-degree sodomy, and first-degree incest of his granddaughter, referred to as Sarah. During her opening statement, Appellant’s attorney commented on Sarah’s alleged untruthfulness. The Commonwealth moved for a mistrial on the basis that defense counsel had characterized Sarah as a liar. The trial court granted the mistrial motion and scheduled the case for retrial. Appellant filed a motion to prohibit retrial and dismiss the indictment, which the trial court denied. Appellant then filed a writ of prohibition with the court of appeals requesting an order prohibiting the trial court from retrying him. The court of appeals denied the writ. The Supreme Court affirmed, holding that defense counsel’s statements constituted improper evidence that prejudiced the Commonwealth’s right to a fair trial, and therefore, a mistrial was an appropriate remedy.
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