People v. Brown

Court properly denied Defendant’s motion to dismiss remaining counts of felony disorderly conduct on double-jeopardy grounds. Because Defendant’s claim arose in a remanded case, not a case with a final judgment, applicable preclusion doctrine is law-of-the-case, not res judicata or collateral estoppel. Defendant could not raise her claim on second remand. Nothing prevented Defendant from raising her claim earlier that prosecutor intentionally overreached by goading her into moving for mistrial, and thus claim is barred by law-of-the-case doctrine. No evidence that anyone tried to goad Defendant to move for a mistrial. (JORGENSEN and SPENCE, concurring.)