People v. Weinke

Defendant was convicted of 1st-degree murder for the death of his mother, and sentenced him to 40 years. Appellate court reversed and remanded for new trial because trial court erred in granting State's request to take mother's emergency evidence deposition without satisfying Rule 414, and erred in ruling the deposition admissible at trial. Court properly denied Defendant's motion to dismiss on double jeopardy grounds. No double jeopardy bar to retrial after a successful appeal based on trial error, even where the appeal focuses on prosecutorial misconduct. Evidence fails to show that prosecutor intended to goad either a mistrial or a successful appeal. (PIERCE and COGHLAN, concurring.)