State v. Hale

Nebraska Advance Sheets 70 290 NEBRASKA REPORTS motion is a bar to retrial only when there is an intent to “‘goad’ the defendant into moving for a mistrial.”42 It was not clearly erroneous for the district court to con- clude that the prosecutor did not intend to goad Muhannad into moving for the second mistrial. Therefore, double jeopardy does not bar a third trial of Muhannad and the district court did not err in overruling his plea in bar. CONCLUSION For the foregoing reasons, we affirm the order of the district court which overruled Muhannad’s plea in bar following the second mistrial.…