Court rejects appeal of theft convictionStaff Report
February 21. 2014 10:07PM
The New Hampshire Supreme Court ruled that a man's conviction of theft by deception on retrial did not violate the double jeopardy clause of the state constitution.
In a 5-0 ruling issued Friday, the high court rejected Osahenrumwen Ojo's appeal of his Hillsborough County Superior Court conviction.
Ojo's conviction followed a previous Hillsborough County Superior Court jury trial for a related charge which ended in a mistrial based on a hung jury.
A Hillsborough County grand jury first indicted Ojo in 2009 on a single count of theft by deception that alleged he deposited two invalid checks — one worth $3,975 and the other $1,989 — in his bank account, then cashed his own check the next day for $6,000.
The jury deadlocked and a mistrial was declared over Ojo's objection.
The state obtained two substitute indictments in 2012, alleging theft by deception for each of the invalid checks. The trial court dismissed one of the indictment's because the state could produce no new evidence beyond what it presented at the first trial.
Ojo stood trial on the other count and was found guilty.
The double jeopardy clause does not bar retrial after a mistrial when the defendant "consents to the mistrial, or, if he objects, upon a finding of the trial court that there is a manifest necessity for the act, or that the ends of public justice would otherwise be defeated," the court wrote.