07-14-2011, 11:02 AM
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#3
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In Search of a Life
Join Date: Feb 2009
Casino cash: $5450524
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Quote:
Originally Posted by DJ's left nut
My recollection is that a mistrial issued based on a motion by the defendant terminates double jeopardy, though.
I don't recall exactly what the rule is, but unless the prosecution asked for the mistrial (they clearly didn't), I believe the mistrial essentially acts as a non-suit and the case can be re-tried unless the court determines that the defendant would be materially prejudiced by the sequence of events.
We'll find out in a few weeks, but I don't think Rajah is off the hook just yet.
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You've got this wrong.
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