The Kansas Supreme Court, in a decision published Friday, dismissed a criminal prosecution against a man whose trial began in Saline County District Court on March 19, 2018.

The following is from a news release from the state supreme court.

Appeal No. 119,270: In the Matter of the Petition for a Writ of Habeas Corpus by Rictor Bowman

The Supreme Court dismissed a criminal prosecution against Bowman for rape, aggravated criminal sodomy, and four counts of witness intimidation. During his trial in Saline County District Court, Bowman’s 4-year-old alleged victim was called to testify but did not respond when asked to take the required oath. Because the child’s testimony was the core of the State’s case, the district court judge declared a mistrial and then decided Bowman could be tried again. Bowman appealed and argued that allowing the State a second chance to try him violated his right against double jeopardy.

A majority of the court agreed with Bowman’s argument and dismissed the case in a per curiam opinion. A plain reading of the mistrial statute did not permit the district judge to declare a mistrial, and Bowman’s case did not fall under an exception in the Kansas double jeopardy statute.

Justice Marla J. Luckert dissented from the result and reasoning of the majority. Her dissent was joined by Chief Justice Lawton R. Nuss and Justice Caleb J. Stegall.