State v. O'CONNOR

OPINION

Justice ROBINSON

for the Court.

This case comes before us on the appeal of the defendant, Jolon O’Connor, from an order of the Superior Court denying his motion to dismiss on double jeopardy grounds an indictment for murder and assault with intent to commit a felony; the motion to dismiss was predicated on alleged prosecutorial goading that resulted in the declaration of a mistrial.

This Court has held that a defendant may immediately appeal from the denial of a motion to dismiss on double jeopardy grounds, even though such an appeal is interlocutory. See State v. Casas, 792 A.2d 737, 739…