STATE v. LEVISON

No. A-92-985.

510 N.W.2d 495 (1993)

STATE of Nebraska, Appellee, v. Everett F. LEVISON, Appellant.

Court of Appeals of Nebraska.

July 27, 1993.


Attorney(s) appearing for the Case

Steven Lefler, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Joseph P. Loudon, Lincoln, for appellee.

SIEVERS, C.J., and IRWIN and WRIGHT, JJ.


SIEVERS, Chief Judge.

Everett F. Levison appeals a district court's decision to grant a mistrial shortly after defense counsel made allegedly improper and prejudicial remarks during his opening statement. Levison contends that the prosecution did not establish the requisite "manifest necessity" to grant the mistrial over defendant's objection and that, therefore, any further prosecution is barred by double jeopardy.

PROCEDURAL BACKGROUND

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