What is a defendant's obligation to disclose to the court that it is about to err in a manner that sets up a double jeopardy defense?
California, United States of America
The following excerpt is from People v. Stanley, B252979 (Cal. App. 2016):
to disclose to the court that "it is about to err in a manner that sets up a double jeopardy defense" (People v. Overby, supra, 124 Cal.App.4th at p. 1244), his silence cannot constitute consent to a subsequent mistrial. (See Crayton v. Superior Court, supra, 165 Cal.App.3d at p. 451 ["affirmative misrepresentation creates a duty of full disclosure, while mere silence is not concealment unless a preexisting duty to disclose exists].)
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