State v. Brown

JOHNSON, Presiding Judge.

In this case, the state contends the trial court erred by granting Kwame Hasani Brown’s motion for discharge and acquittal based on double j eopardy. While not specifying its reasons for granting Brown’s plea in bar, the trial court must have found that the state engaged in intentional misconduct at Brown’s first trial. We will assume without deciding that the state engaged in intentional misconduct in this case. However, because there is simply no evidence in the record that the state acted with a specific intent to subvert Brown’s double jeopardy rights by goading…