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Posted on 7/14/11 at 11:40 am to barry
quote:
I don't think you can have Double jeopardy with a mistrial
you can
Posted on 7/14/11 at 11:49 am to barry
quote:prosecutorial misconduct.
I don't think you can have Double jeopardy with a mistrial
Posted on 7/14/11 at 5:22 pm to barry
quote:
I don't think you can have Double jeopardy with a mistrial.
You definitely can. Once that jury is seated, jeopardy has attached. Sometimes a judge can be convinced that a new trial should be allowed, but not always, especially when you have a prosecutor who disobeyed the judge twice before they even made it out of opening statements.
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