DeGennaro, No. 06-4195 Order holding that retrial of defendants would not violate the Double Jeopardy Clause and denying motions to bar retrial and dismiss the indictment is reversed where: 1) the decision of the trial court that there was "manifest necessity" to declare a mistrial was an abuse of discretion; and 2) a statement by counsel in support of a motion for mistrial, quickly reconsidered, does not preclude the defendant from claiming that the Double Jeopardy Clause bars… [read post]