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Criminal Procedure Keyed to Lee
Oregon v. Kennedy
Citation:
456 U.S. 667 (1982)Facts
Kennedy (Respondent) was charged in Oregon state court with the theft of an oriental rug. At trial, the government called an expert witness on the subject of Middle Eastern rugs to testify as to the value and the identity of the rug. Kennedy’s attorney cross-examined the witness and attempted to establish bias. Kennedy moved for a mistrial, and the trial court granted the motion. The Oregon Court of Appeals concluded that retrial was barred by the Double Jeopardy Clause because the prosecutorial misconduct that occasioned the mistrial amounted to “overreaching.”
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