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U.S. v. Fern, No. 95-4099 (11th Cir.) (117 F.3d 1298) (July 24, 1997) (Judge Joseph Woodrow Hatchett)

A key holding in this case was that the courts, when considering a double jeopardy motion after a defendant has moved for a retrial, must focus primarily on the prosecution's intent to see if it attempted to goad the motion for mistrial.

In commenting on the Supreme Court's narrow exception …

 

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