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Home / Opinion Digests / Criminal – Mistrial – Confused Evidentiary Ruling – No Intentional Prosecutorial Misconduct – No Double Jeopardy (access required)

Criminal – Mistrial – Confused Evidentiary Ruling – No Intentional Prosecutorial Misconduct – No Double Jeopardy (access required)

Where defense counsel obtained a mistrial at defendant's first trial after objecting to the prosecutor's cross-examination of defendant's character witness, based on the judge's confusing ruling on the permissible scope of the cross-examination, the second trial was not barred by double jeopardy because the prosecutor's actions were not intentional but were in good faith, and ...