Tuesday, January 16, 2007

Third Circuit Blog

Third Circuit Blog
In US v. Williams, 2007 WL 14684 (C.A.3(Pa.)), No. 05-4292, filed 1/4/07, the 3d Circuit reiterated the standard for when double jeopardy bars a retrial following a government-provoked mistrial. The district court had granted a mistrial for prosecutorial misconduct (after the prosecutor questioned the defendant about prior convictions despite the court's order not to do so) and then granted the defendant's motion to dismiss the indictment on double jeopardy grounds after finding that the prosecutor intended to provoke the mistrial. The 3d Circuit disagreed, finding that the record evidence did not sufficiently establish that the government intended to goad the defendant into requesting a mistrial. It reversed and remanded for a new trial.

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