United States v. Winston McCallum, 721 F.3d 706

McCallum was arrested July 28, 2010 after cocaine was found on him during a stop by MPD officers.
A grand jury charged unlawful possession with intent to distribute 28 grams or more of cocaine base and within 1,000 feet of a school.
The prosecutor repeatedly failed to disclose material information, leading to a district court mistrial.
Before retrial, the government belatedly disclosed additional material McCallum had subpoenaed; McCallum sought dismissal under the Double Jeopardy Clause.
The district court denied dismissal, ruling the misconduct was not intended to provoke a mistrial; on appeal, the court reviews de novo.
The court ultimately held that, though the government’s disclosure failures were serious and unintentional, retrial is not barred by double jeopardy because the mistrial was not provoked by the prosecutor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a mistrial based on prosecutorial disclosure violations can be reversed as double jeopardy when the mistrial was at the defendant's request.	McCallum	McCallum	Retrial permissible; not barred.
Whether goading the defendant into seeking a mistrial governs retrial when related misconduct is undisclosed.	McCallum	McCallum	Goading standard governs; not satisfied here.
Whether a prosecutor's intentional vs. unintentional nondisclosure affects double jeopardy analysis.	McCallum	McCallum	Intent is central; here, conduct was unintentional.

Oregon v. Kennedy, 456 U.S. 667 (U.S. 1982) (mistrial must be manifestly necessary to avoid double jeopardy when defendant moves)
Arizona v. Washington, 434 U.S. 497 (U.S. 1978) (intent of prosecutor central to double jeopardy analysis)
United States v. Glover, 731 F.2d 41 (D.C. Cir. 1984) (hung jury as prototypical manifest necessity)
United States v. Scott, 437 U.S. 82 (U.S. 1978) (defendant's own motion to mistrial; government intent crucial)
Abney v. United States, 431 U.S. 651 (U.S. 1977) (collateral order doctrine relevance)