McCabe v. State

PHIPPS, Presiding Judge.

Based on remarks defense counsel made during closing argument in Marissa McCabe’s trial for driving under the influence of alcohol, the trial court granted the state’s motion for a mistrial. McCabe filed a plea in bar on double jeopardy grounds seeking dismissal of the accusation. McCabe appeals from the denial of her plea in bar. We affirm.

The Double Jeopardy Clause of the Fifth Amendment, applicable to the states through the Fourteenth Amendment, states that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” Brown v. Ohio,…