Rocket pleads not guilty

[DJ's left nut]

Originally Posted by Just Passin' By

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.

I've not ignored anything.

If the judge applies the DJ clause, it will be because he will have determined that the pre-trial publicity generated by the dismissal and the inadmissible evidence will make it impossible to for Clemens to get a fair jury pool and therefore he will be materially prejudiced.

That's why there's a hearing on it at all. If it were as clear-cut as you're arguing, it would simply be ruled on as a matter of law and they'd be done. No argument would be necessary at that point. There's a hearing because Hardin's going to try to establish that Clemens has been materially damaged by the mistrial and the publicity generated by it.

Absent material prejudice to the defendant, a motion from defendant to create a mistrial does not act as an automatic bar on a re-prosecution.