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Criminal Procedure keyed to Kamisar
Oregon v. Kennedy
Citation:
456 U.S. 667, 102 S.Ct. 2083, 72 L.Ed.2d 416 (1982)Facts
Kennedy (defendant) was on trial for theft. During redirect examination, the prosecutor asked the expert witness whether he had done business with the defendant before. When the witness answered that he had not, the prosecutor responded, “Is that because he is a crook?” Kennedy filed a motion for a mistrial, which the court granted. The state sought to retry Kennedy and he moved to dismiss the charges due to double jeopardy. The trial court held that double jeopardy did not bar retrial because it was not the prosecutor’s intention to cause a mistrial.
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