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Old 07-14-2011, 11:00 AM   #19
DJ's left nut DJ's left nut is offline
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Join Date: Sep 2005
Location: Columbia, Mo
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Quote:
Originally Posted by Just Passin' By View Post
Jeopardy is attached once the jury is sworn in.
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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