United States Third Circuit

The legal standard to be applied by a district court in considering a motion to dismiss an indictment, on double jeopardy grounds, due to prosecutorial misconduct requires a showing that the government had in fact intended to goad the defendant into requesting a mistrial.

Appellate Information

• Argued 11/08/2006
• Decided 01/04/2007
• Published 01/04/2007

Judges

• Before SLOVITER, CHAGARES, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Richard P. Barrett, Robert A. Zauzmer, (Argued), Office of United States Attorney, Philadelphia, PA, Attorney for Appellant.


• For Appellees:
  
• Francis J. Genovese, (Argued), Solomon, Berschler, Warren, Schatz & Flood Norristown, PA, for Appellee.