What is the test for a motion to bar a retrial on the basis of double jeopardy?
MultiRegion, United States of America
The following excerpt is from U.S. v. Jaramillo, 745 F.2d 1245 (9th Cir. 1984):
1 The denial of a motion to bar retrial on the basis of double jeopardy is a final decision over which this court has appellate jurisdiction under 28 U.S.C. Sec. 1291. Abney v. United States, 431 U.S. 651, 662, 97 S.Ct. 2034, 2036, 52 L.Ed.2d 651 (1977); United States v. Williams, 717 F.2d 473, 474-75 (9th Cir.1983).
2 The proceedings in chambers were reported. The reporter's transcript reflects the following colloquy:
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