S-13-0042, State v. Wa’il M. Muhannad (Appellant)
Douglas County, Judge Gary B. Randall
Attorneys: Alan Stoler (Appellant) --- Stacy M. Foust (Attorney General’s Office)
Criminal: Plea in Bar
Proceedings below: The court granted Appellant’s motion for mistrial. However, it denied Appellant’s plea in bar based on Double Jeopardy principles.
Issues: The court erred in determining that prosecution was not barred by Nebraska and federal constitutional double jeopardy after a mistrial was granted based on the State eliciting testimony from an expert witness that the alleged victim was sexually assaulted by Appellant, thereby stating the alleged victim was telling the truth.