State v. Muhannad
Annotate this CaseDefendant was charged with first degree sexual assault. Defendant was brought to trial on the charge two separate times. Each time, the trial ended in mistrial. After the first mistrial, Defendant filed a plea in bar to his retrial, alleging that double jeopardy barred retrial. The district court overruled the plea in bar, and the Supreme Court affirmed. After the second mistrial, Defendant filed a plea in bar arguing that double jeopardy barred retrial. The district court denied the plea in bar. The Supreme Court affirmed, holding that double jeopardy did not bar a third trial of Defendant, and the district court did not err in overruling his plea in bar.
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