State of Minnesota v. Johnnie Lerma

Summary

The court held that double jeopardy does not bar retrial when a defendant requests and receives a mistrial on all counts unless the government intentionally induced, goaded, or provoked that request. Lerma requested a complete mistrial, did not withdraw the request or object when the mistrial was declared, and conceded that the district court did not intentionally provoke him. The court did not decide whether the district court’s communications with the jury constituted structural error or whether manifest necessity existed because Lerma was already receiving the remedy of a new trial.