United States v. Dugue, No. 12-30529 (5th Cir. 2012)
Annotate this CaseDefendant, a police investigator, was charged with participating in the cover-up of the Danzinger Bridge shootings in New Orleans following Hurricane Katrina. Defendant was brought to trial in early 2012. Near the conclusion of his trial, the prosecutor violated two pre-trial rulings on motions in limine that prohibited her from mentioning the case involving the death of Raymond Robair, who died while in police custody. Defendant sought and was granted a mistrial. Defendant further moved to bar retrial on the basis of double jeopardy. The district court denied the motion. The Fifth Circuit Court of Appeals affirmed, holding that Defendant failed to show that the district court clearly erred in finding that the prosecutor did not intend to cause a mistrial with her improper actions, and therefore, the district court did not err in denying the motion to bar retrial.
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