State v. Moody

In State v. Moody, 208 Ariz. 424, 94 P.3d 1119 (2004), the supreme court rejected the defendant's double jeopardy claim, which was based on alleged prosecutorial misconduct, because: (1) the defendant had neither moved for a mistrial when the alleged misconduct occurred nor sought special action relief because of it, and; (2) the defendant had not demonstrated that a mistrial would have been justified by the alleged misconduct even had he requested it. Id. PP21-23.