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U.S. v. Gaytan, No. 96-10345 (9th Cir.) (115 F.3d 737) (June 18, 1997) (Judge Stephen Reinhardt)

This case contains a good review of an important principle that flows from the Double Jeopardy Clause: When and under what circumstances does a declaration of a mistrial bar further prosecution?

In this case, time and time again, Judge Bilby warned the prosecutor that if she failed to disclose exculpatory …

 

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