Oregon v. Kennedy, No. 80-1991 (U.S. Supreme Court) (456 U.S. 667; 102 S.Ct. 2083) (May 24, 1982) (Justice Rehnquist)
Here the Supreme Court articulated a narrow exception to the general rule that the declaration of a mistrial does not bar a retrial, but only if the Government's misconduct was intended to "goad" the defendant into seeking a mistrial.
In this case the Supreme Court was concerned that a prosecutor, ...
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login