Prosecutorial misconduct that leads to a mistrial is not enough to bar retrial on double jeopardy grounds unless there is evidence that the prosecutor “intended to goad the defendant into requesting a mistrial,” the 3rd U.S. Circuit Court of Appeals has ruled.
In United States v. Williams, a unanimous three-judge panel reversed a decision by Senior U.S. District Judge John P. Fullam to dismiss an indictment on the grounds that a mistrial was “intentionally triggered by the prosecutor” when he asked a question about the defendant’s prior drug convictions soon after being instructed not to do so.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]