Nebraska Supreme Court December 21, 2007, S-07-084 (State v. Jackson)

*726

Stephan, J.

The question presented in this appeal is whether a mistrial resulting from, the recusal of the trial judge during a bench trial bars retrial under the double jeopardy provisions of the state and federal Constitutions. The issue turns on whether the record reflects a “manifest necessity” for terminating the trial. We conclude that it does not.

BACKGROUND

Regina A.