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Andrew Fleischman@nobodyinteresting.bsky.social |
If you request the mistrial, you waive double jeopardy unless you can show the state deliberately provoked the mistrial. That's a trial court decision that gets a lot of deference and most judges won't make it against the state.
1 replies 0 reposts 29 likes
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Mithras - Left Justified and Ancient
@mithras.bsky.social
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Could they not argue that the state provoked the mistrial by having the ex-parte meeting, and continued to argue that it was valid (when it seems that it wasn't)?
1 replies 0 reposts 7 likes