State v. Muhannad
290 Neb. 59
| Neb. | 2015Background
- Muhannad charged with first-degree sexual assault of his stepsdaughter, MH.
- Two mistrials occurred, each prompted by prosecutorial or witness misconduct involving MH’s PTSD diagnosis.
- First mistrial occurred after Gobel testified MH was sexually abused by Muhannad; district court granted mistrial.
- Second mistrial followed Gobel testimony beyond court-ordered limits; Muhannad moved for mistrial and plea in bar was denied.
- Nebraska Supreme Court previously held Oregon v. Kennedy applies to mistrials caused by prosecutorial misconduct; court must assess prosecutorial intent to provoke mistrial.
- This appeal questions whether double jeopardy bars retrial after a second mistrial triggered by analogous misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether double jeopardy bars retrial after the second mistrial. | Muhannad: Kennedy should not control due to successive mistrials. | State: Kennedy applies; standard requires intent to provoke mistrial. | No; Kennedy controls; no intent to provoke shown; retrial permitted. |
Key Cases Cited
- Oregon v. Kennedy, 456 U.S. 667 (U.S. (1982)) (prosecutorial intent to provoke mistrial required for bar to retrial)
- U.S. v. Standefer, 948 F.2d 426 (8th Cir. 1991) (assesses successive mistrials for prosecutorial blunders under Kennedy)
- U.S. v. Amaya, 750 F.3d 721 (8th Cir. 2014) (prosecutorial misconduct analyzed under Kennedy framework)
- State v. Fuller, 374 N.W.2d 722 (Minn. 1985) (application of Kennedy to multiple mistrials)
- State v. Koelemay, 497 So.2d 321 (La. App. 1986) (mistrials due to witness testimony; Kennedy standard applied)