Does the Double Jeopardy Clause apply to a motion for a mistrial?
MultiRegion, United States of America
The following excerpt is from Theus v. Deeds, 967 F.2d 591 (9th Cir. 1992):
The court then granted a mistrial. "Where mistrial has been declared at the request of the defendant, the Double Jeopardy Clause is no bar to retrial unless the defendant can show that the 'conduct giving rise to the successful motion for mistrial was intended to provoke the defendant into moving for a mistrial.' " United States v. Lun, 944 F.2d 642, 644 (9th Cir.1991) (quoting Oregon v. Kennedy, 456 U.S. 667, 679 (1982)).
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