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Home / Opinion Digests / Criminal Practice / Criminal Practice –  Constitutional – Double Jeopardy – Mistrial – Absent Prosecution Witnesses (access required)

Criminal Practice –  Constitutional – Double Jeopardy – Mistrial – Absent Prosecution Witnesses (access required)

When the state proceeded with impaneling a jury, despite knowing its subpoenaed witnesses could not be located, the state assumed the risk of defendant’s later plea of double jeopardy. The trial court erred in granting the state’s motion for a mistrial and in subsequently denying defendant’s motion to dismiss on double jeopardy grounds. We reverse the ...

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