United States v. Michael Edward Nichols

Appellant Nichols contends that his retrial following a mistrial declared by the district court sua sponte will violate his constitutional protection against double jeopardy. We disagree and affirm the trial court’s denial of the motion to dismiss the superseding indictment.

Appellant and his wife were on trial in early January, 1992 on charges of conspiracy and attempt to manufacture methamphetamine when the prosecutor elicited evidence that explosives were found at the place of manufacture. Counsel for appellant objected to this testimony as violating his motion in limine, and the court,…