BENNY LYNN JOHNSON, Defendant- Missouri Cases

Benny Lynn Johnson was convicted of three counts of driving while intoxicated resulting in death and two counts of leaving the scene of an accident. On appeal, Johnson argued that his two convictions for leaving the scene of an accident violated double jeopardy and that the trial court erred by not granting a mistrial due to juror misconduct. The Missouri Court of Appeals, Southern District, affirmed the trial court's judgment, finding no double jeopardy violation because each distinct impact constituted a separate accident under the statute, and no abuse of discretion regarding the juror's brief, unrelated conversation with a witness.