State v. Muhannad
286 Neb. 567
| Neb. | 2013Background
- Muhannad charged with first-degree sexual assault of his stepdaughter; therapist Gobel testified about PTSD and abuse causation; mistrial granted after Gobel testimony; Muhannad’s plea in bar denied; issue is whether retrial is barred by double jeopardy; court found no prosecutorial intent to provoke mistrial and affirmed denial of plea in bar.
- Trial court initially allowed Gobel testimony as explaining PTSD basis; later ruled it warranted mistrial; prosecutor sought to limit closing remarks to avoid vouching.
- Defense argued State intended to provoke mistrial and violated double jeopardy; State argued Kennedy narrow exception requires intent to provoke mistrial; trial court assessed intent and timing.
- Record shows prosecutor did not intend to provoke mistrial; no pattern of misconduct; mistrial viewed as an error in judgment, not intentional provocation.
- Concluded that Muhannad retained control and waived retrial by not invoking the first tribunal; affirmed denial of plea in bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retrial is barred by double jeopardy | Muhannad: intent to provoke mistrial via misconduct | Muhannad: Kennedy exception applies if intent to provoke | No; no prosecutorial intent to provoke mistrial; retrial not barred |
| Whether the Gobel testimony violated rules on credibility bolstering | Muhannad: testimony improperly vouched for credibility | State: testimony explained PTSD basis, not credibility | Not dispositive; evidence allowed as explaining PTSD, not direct credibility assertion |
| Whether the trial court erred in denying the plea in bar | Muhannad: double jeopardy bar existed | State: Kennedy narrow exception not met; no intent | Held: denial of plea in bar affirmed |
Key Cases Cited
- Oregon v. Kennedy, 456 U.S. 667 (U.S. Supreme Court (1982)) (narrow exception to double jeopardy for goading a mistrial; intent requirement)
- State v. Marshall, 269 Neb. 56 (Neb. 2005) (prosecutorial intent and double jeopardy considerations in mistrial situations)
- State v. Bostwick, 222 Neb. 631 (Neb. 1986) (prosecutorial misconduct and mistrial principles in Nebraska)