posted December 5, 2006
Charges are to be dismissed in a case in which Montgomery Hilton Garner allegedly shot his girlfriend in the rectum with a.38-caliber revolver.
The Tennessee Court of Criminal Appeals ordered the dismissal, saying former Criminal Court Judge Doug Meyer should not have granted a mistrial in the case.
Since he did, it would be double jeopardy for another trial to go forward against the defendant, the ruling says.
The mistrial was declared after issues went before the jury on the victim's mental state.
Prosecutor Jay Woods asked for the mistrial after attorney Larry Young questioned the victim about a hospitalization for previous mental health treatment.
Judge Joe Tipton wrote, "The defense had nothing to do with the victim’s denying any hospitalization during the time in question. Any prejudice to the state’s case incurred during the cross-examination was caused by the victim’s untruthful testimony and not by the defense. We conclude that this was not a case in which there was no feasible alternative to halting the proceedings."
| Dining Out | Business | Movies | Focus | About Us |
| Church | Living Well | Memories | Outdoors | Real Estate | Student Scene | Travel |
