United States Sixth Circuit

In an appeal brought by the first defendant brought to trial as a terrorism suspect after September 11, 2001, denial of his motion to dismiss a superseding indictment unrelated to terrorism, which was filed before defendant's second trial, is affirmed where: 1) double jeopardy was not implicated in this case in which defendant obtained a mistrial due to trial error; and 2) there was no evidence the governmental misconduct at trial was intended to goad him into moving for a mistrial.

Appellate Information

• Decided 12/12/2007
• Published 12/12/2007

Judges

• Before: MARTIN, SILER, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James R. Gerometta, Federal Defender Office, Detroit, Michigan, for Appellant.  Jennifer Peregord Sinclair, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  James R. Gerometta, Richard M. Helfrick, Federal Defender Office, Detroit, Michigan, for Appellant.  Jennifer Peregord Sinclair, Assistant United States Attorney, Detroit, Michigan, for Appellee.