122 A.3d 923
D.C.2015Background
- Stanley Moghalu was tried three times on unlawful possession of a firearm (UPF) and carrying a pistol without a license (CPWL).
- First trial ended in mistrial after the jury reported it could not reach a unanimous verdict; mistrial was declared at defense counsel’s request.
- Second trial was a multi-defendant proceeding; Moghalu was acquitted on related conspiracy charges, but the jury deadlocked on UPF and CPWL. Judge Greene declared a mistrial over Moghalu’s objection after declining to give an anti-deadlock instruction.
- At a third trial before Judge Broderick, Moghalu was convicted of UPF and CPWL. He did not raise a double jeopardy objection before or during that third trial.
- On appeal, Moghalu argued the second-trial mistrial lacked manifest necessity and therefore retrial was barred by the Double Jeopardy Clause. The court instead found Moghalu waived the defense by failing to assert it prior to the third trial and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a third trial violated the Double Jeopardy Clause because the second-trial mistrial lacked "manifest necessity" | Moghalu: Judge Greene abused his discretion in declaring the second-trial mistrial without manifest necessity, so retrial is barred | Government: Moghalu waived any double jeopardy defense by failing to timely assert it before or during the third trial | The court held Moghalu waived the double jeopardy claim by not raising it prior to the third trial and affirmed the convictions |
Key Cases Cited
- Arizona v. Washington, 434 U.S. 497 (1978) (articulates “manifest necessity” standard for mistrials over defendant’s objection)
- Wesley v. United States, 449 A.2d 282 (D.C. 1982) (double jeopardy cannot be raised for the first time on appeal)
- Christian v. United States, 394 A.2d 1 (D.C. 1978) (double jeopardy is a personal right that must be affirmatively pleaded or is waived)
- Miller v. United States, 41 App. D.C. 52 (D.C. 1913) (defendant who proceeds to retrial without asserting former jeopardy is deemed to have waived the claim)
- Abney v. United States, 431 U.S. 651 (1977) (double jeopardy protects against being tried twice for same offense and the attendant burdens)
- United States v. Olano, 507 U.S. 725 (1993) (distinguishes forfeiture from waiver for appellate plain-error review)