Oregon v. Kennedy
United States Supreme Court
456 U.S. 667 (1982)
Relevant factsFree
After the trial court granted Kennedy's mistrial motion following improper prosecutorial questioning suggesting Kennedy was a "crook," the trial court found the prosecutor had not intended to cause a mistrial and allowed retrial, but the Oregon Court of Appeals overturned Kennedy's resulting conviction, finding the prosecutor's "overreaching" barred retrial.
IssueFree
Whether the Double Jeopardy Clause prohibits retrying a defendant after the defendant requested a mistrial based on the prosecutor's overreaching.