What is the test for a retrial in a case where a judge declared a mistrial?
MultiRegion, United States of America
The following excerpt is from Dunkerley v. Hogan, 579 F.2d 141 (2nd Cir. 1978):
3 This statement was clearly erroneous. Upon the improper Sua sponte declaration of a mistrial by the trial judge, retrial is precluded by the Double Jeopardy Clause, United States v. Jorn, 400 U.S. 470, 91 S.Ct. 547, 27 L.Ed.2d 543 (1971).
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