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Home / Opinion Digests / Criminal Law / Double jeopardy objection waived in drug prosecution (access required)

Double jeopardy objection waived in drug prosecution (access required)

Where the circuit court sua sponte declared a mistrial when, after the jury was sworn and evidence was presented, a prosecution witness who lacked immunity expressed concern that he might incriminate himself, defendant’s failure to object to the mistrial and his implicit consent to it, waived a double jeopardy challenge at his new trial. The ...