What is the burden of establishing that prosecutorial misconduct at the retrial of an accused violated the Double Jeopardy Clause of the Fifth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cox, 633 F.2d 871 (9th Cir. 1980):
The burden is on the appellant to establish the facts supporting his contention that his retrial violated the Double Jeopardy Clause of the Fifth Amendment. See United States v. Rumpf, 576 F.2d 818 (10th Cir. 1978). The general rule is that this clause of the Constitution does not preclude retrial even where prosecutorial misconduct constituted the reversible error at the first trial. Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978).
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