Quote:
Originally Posted by DJ's left nut
I'll see you in 6 weeks.
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I doubt it. You'll be skipping the thread at that point. You've ignored the difference between common law and Constitutional law, and the impact it generally has in cases like this. The prosecution no longer has an automatic right to reprosecute.
Edit: to be fair, I think our area of disagreement is less than it seems. I was focusing on this part of your claim:
Quote:
My recollection is that a mistrial issued based on a motion by the defendant terminates double jeopardy, though.
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That's not true. It's dependent upon other factors.
We both seem to be in agreement that not all calls for mistrials result in the end of a case.