Wednesday, December 18, 2013

Improper Opening Statement Causes Mistrial; No Bar To Retrial

A trial judge declared a mistrial in a criminal case after defense counsel referred to the willingness of his client to take a lie detector test in the opeming statement to the jury.

The defendant appealed the mistrial, claiming that double jeopardy barred retrial.

The Maryland Court of Appeals sustained the conclusion of the Court of Special Appeals that there was manifest necessity for the mistrial under the circumstances.

Thus, retrial does not offend double jeopardy. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/12/a-trial-judge-declared-a-mistrial-in-a-criminal-case-after-defense-counsel-referred-to-the-willingness-of-his-client-to-take.html

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Comments

Do you have any link to an opinion in the court of appeals?

Posted by: rick underwood | Dec 23, 2013 7:45:17 AM

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