State v. Lambert

SMITH, Presiding Judge.

This appeal arises out of the trial court’s order granting the plea in bar and motion to dismiss filed by Ernest Lambert. Lambert was acquitted of murder, felony murder and other charges. The jury, however, could not reach a verdict on the separate charge of kidnapping with bodily injury, a charge which also constituted the felony underlying the felony murder charge. The trial court granted a mistrial on the kidnapping charge and later granted Lambert’s plea in bar and motion to dismiss, made on the ground that retrial on the kidnapping charge would violate federal and…