State v. Leon-Simaj

Martinez, District Judge.

NATURE OF CASE

The defendant appeals from the denial of his plea in bar, alleging that retrial following a mistrial would violate prohibitions against double jeopardy. 1 The mistrial was declared by the trial court following the court's determination that defense counsel's questioning of the witness, a minor child and hereinafter referred to as "E.Z.," was improper and that the prejudice could not be remedied by a curative jury instruction. Defense counsel did not explicitly object to a mistrial when given the opportunity to do so, but apologized for the improper…