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THOMAS v. EIGHTH JUDICIAL DISTRICT COURT

No. 69074.

402 P.3d 619 (2017)

133 Nev.Adv.Opn. 63

Lacy L. THOMAS, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Michael Villani, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

FILED SEPTEMBER 14, 2017.

Attorney(s) appearing for the Case

Law Office of Franny Forsman and Franny A. Forsman ; Daniel J. Albregts, Ltd., and Daniel J. Albregts , Las Vegas, for Petitioner.

Adam Paul Laxalt , Attorney General, Carson City; Steven B. Wolfson , District Attorney, Steven S. Owens , Chief Deputy District Attorney, and Michael V. Staudaher and Ofelia L. Monje , Deputy District Attorneys, Clark County, for Real Party in Interest.

BEFORE THE COURT EN BANC.

OPINION

In Oregon v. Kennedy, 456 U.S. 667, 102 S.Ct. 2083, 72 L.Ed.2d 416 (1982), the United States Supreme Court held that when a mistrial is declared at a defendant's request, the Double Jeopardy Clause of the United States Constitution bars reprosecution only...

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