United States Eighth Circuit

The Double Jeopardy Clause did not bar retrial where the district court granted a mistrial for prosecutorial misconduct, but found the government did not engage in the misconduct with the intent to goad defendant into moving for a mistrial.

Appellate Information

• Decided 05/06/2003
• Published 05/06/2003

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, RICHARD S. ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, AFPD, argued, Rapid City, SD, for appellant.


• For Appellees:
  
• Michelle Tapken, AUSA, argued, Sioux Falls, SD (Gregg S. Peterman, AUSA, Rapid City, SD, on the brief), for appellee.