Anderson v. State

Smith, Presiding Judge.

Willie Anderson appeals from the trial court’s order denying his plea in bar based on double jeopardy. Anderson claims that because the prosecutor intentionally goaded him into moving for a mistrial, the State cannot retry him. Because the prosecutor’s conduct violated one of the most basic rules of prosecutorial procedure, we conclude that the trial court erred by denying Anderson’s plea in bar of double jeopardy.

The record shows that the prosecutor produced documents in discovery showing that Anderson refused to speak with police and requested a lawyer after being…