State v. Muhannad
Annotate this CaseAppellant was charged with first degree sexual assault stemming from his conduct toward his stepdaughter, M.H. During trial, M.H.'s therapist testified, over Appellant's objection, that Appellant's sexual abuse of M.H. caused M.H.'s posttraumatic stress disorder. The court subsequently granted Appellant's motion for a mistrial on the grounds that the therapist's testimony was "over the edge." Appellant then filed a plea in bar, arguing that the State's questioning of the therapist was intended to provoke a mistrial so that the State could have a second change at a more favorable prosecution and thus circumvent the protections of the double jeopardy clause. The trial court denied the plea in bar. The Supreme Court affirmed, holding that because the prosecutor did not intend to goad Appellant into moving for a mistrial, Appellant's plea in bar was properly denied.
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