State v. Borland

Citations

• 956 N.W.2d 412
• 2021 ND 52

Syllabus

A defendant waives the constitutional protection against being placed in double jeopardy after a verdict or judgment against them is set aside at their own instance, either by motion in trial court or upon successful appeal. The circumstances under which such a defendant may invoke the bar of double jeopardy in a second effort to try him are limited to those cases in which the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for a mistrial. When the length of delay in bringing a defendant to trial is not sufficiently long to be presumptively prejudicial, a speedy trial claim fails at this threshold inquiry. Defendant who pleaded \not guilty\ was not entitled to a jury instruction and special verdict form which challenged whether a plea of \once in jeopardy\ applied.