ALBANY, Ga. (WALB) - An Albany man who was granted a mistrial cannot be retried for murder, according to the Supreme Court of Georgia.
In an opinion released Monday, the court said that Monquez Jackson could not be retried because it would “violate his constitutional protection against double jeopardy.”
Jackson was indicted in 2015 for murder, armed robbery and kidnapping in connection to the death Anthony Westbrook.
The court concluded that “double jeopardy prohibited the State from retrying (Jackson) based on the district attorney’s improper closing argument in which he commented on matters that had not been brought into evidence.”
Greg Edwards served as the district attorney in the case.
“We conclude that the trial court did not abuse its considerable discretion in granting the mistrial,” the opinion stated. “We also conclude that the trial court’s factual findings supported its jeopardy ruling and that those findings must stand given the deference we afford them.”
Edwards filed an appeal in May to the Georgia Supreme Court after a Dougherty County trial court judge dismissed murder charges against Jackson.
Read the full opinion below.