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Gallagher v. City of Van Buren
Citations: 30 Ark. App. 193; 786 S.W.2d 837; 1990 Ark. App. LEXIS 129Docket: CA CR 89-75
Court: Court of Appeals of Arkansas; February 28, 1990; Arkansas; State Appellate Court
John David Gallagher was tried for driving while intoxicated on May 19, 1988, but the jury was unable to reach a verdict, leading to a mistrial. A retrial on November 23, 1988, resulted in the same outcome. Gallagher filed a motion on January 6, 1989, to dismiss the charges, claiming that a third trial would violate his double jeopardy rights under both the U.S. Constitution and the Arkansas Constitution, given the two prior hung juries. The trial court denied this motion, prompting Gallagher's appeal. On appeal, Gallagher argued that retrial was prohibited as the prosecution failed to present sufficient evidence for conviction in the earlier trials, relying on the precedent set in Burks v. United States, which states that a finding of insufficient evidence is akin to an acquittal for double jeopardy purposes. However, the court cited Richardson v. United States, which clarified that a hung jury does not terminate jeopardy and that a retrial is permissible under such circumstances. The Arkansas Constitution, specifically Article 2, Section 8, supports this interpretation, allowing for retrial if a jury is deadlocked. The court referenced Beard, Morrison, Cook v. State, which affirmed that double jeopardy rights were not violated following a mistrial due to a deadlocked jury. The court concluded that Gallagher's double jeopardy claim was without merit and affirmed the trial court’s decision.