Friday, September 2, 2011

Prosecution Gets Another Turn At Bat In Clemens Case

CNN has the story here. Judge Reggie Walton apparently blasted prosecutors, accusing them of deliberately violating his rulings during the truncated first trial. But Judge Walton believes that governing law prevents him from barring retrial on Double Jeopardy grounds. The leading Supreme Court case is Oregon v. Kennedy, 459 U.S. 812 (1982), which holds that a mistrial granted upon the request of a defendant, even if necessitated by government misconduct, only bars retrial on Double Jeopardy grounds if the prosecution intended to goad the defendant into moving for a mistrial.


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I would consider the persecution prosecution of Roger Clemens (and Mark Cuban) to be more of a blue-collar case. If government prosecutors only spent this much time and energy criminally going after the white-collar conspirators behind the housing crisis, Americans would have more faith in the system, and the recession might be easing faster.

Posted by: Hal Apeno | Sep 3, 2011 8:23:56 AM

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