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McCABE v. STATE

No. A12A0861.

734 S.E.2d 539 (2012)

318 Ga. App. 720

McCABE v. The STATE.

Court of Appeals of Georgia.

November 21, 2012.

Attorney(s) appearing for the Case

Rebecca Torres Kozycki , for McCabe.

Carmen D. Smith , R. Leon Benham , for The State.

PHIPPS, Presiding Judge.

Based on remarks defense counsel made during closing argument in Marissa McCabe's trial for driving under the influence of alcohol, the trial court granted the state's motion for a mistrial. McCabe filed a plea in bar on double jeopardy grounds seeking dismissal of the accusation. McCabe appeals from the denial of her plea in bar. We affirm.

The Double Jeopardy Clause of the Fifth Amendment, applicable to the states through the Fourteenth...

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