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Home / Opinion Digests / Criminal Practice / Criminal Practice  – Constitutional – Double Jeopardy – Mistrial – State’s Dismissal (access required)

Criminal Practice  – Constitutional – Double Jeopardy – Mistrial – State’s Dismissal (access required)

Defendant’s first murder trial ended in a mistrial because of a hung jury. Jeopardy continued thereafter until the state chose to dismiss the charge under G.S. § 15A-931. When the state retried defendant several years later, it violated his right against double jeopardy. We affirm the Court of Appeals’ decision vacating defendant’s murder conviction. At his first ...

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