Case Results - State vs. HS

RESULTS: CHARGES DROPPED

HS accused of domestic violence for allegedly shoving his ex wife into a cinder block wall in the laundry room of his former home. He was alleged to have done this three consecutive times. Ex wife called the police and met them at her at her parent’s home. The officers took pictures of her lip that was allegedly scratched during the altercation. Dried blood was found on her face and lip. Jason Mayberry reviewed pictures provided in discovery by the State and encouraged HS to allow him to try the case. During jury selection Mayberry was faced with a jury pool including four potential jurors with law enforcement backgrounds (not favorable for the Defense) and four potential jurors who had a history of negative experiences with domestic violence in, out of a 16 juror pool. After questioning and removing all unfavorable jurors for the defense, Mayberry was able to get a jury free of potential bias for his client. Prior to trial the next day Mayberry advised HS to decline both a 6 month and 3 month probation offer while insisting on a trial for his client. Realizing that Mayberry was not going to back down from trial, the State dropped the charges against Mayberry’s client prior to the trial beginning despite the victim’s willingness to go forward. Because a jury was selected prior to the State dropping the charge, double jeopardy prevented them refiling charges against Mayberry’s client in the future for the same alleged offense.