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Criminal Law : Double Jeopardy – Retrial
Stephanie Maniscalco//July 5, 2017//
Where a defendant in a rape case argued that the trial court violated his right to be free from double jeopardy by allowing a retrial after his first trial ended in a mistrial, the court did not err because the state did not intend to provoke the defendant into requesting a mistrial when it failed to properly edit the recorded interview consistent with a pretrial motion in limine ruling, and the court also did not plainly err in submitting two counts to the jury where the prosecutor only expressed that he was considering dismissing the two counts.
Judgment is affirmed.
State v. Simon (MLW No. 70719/Case No. WD79446 – 14 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.) Appealed from circuit court, Jackson County, Fahnestock, J. (Karen L. Kramer for respondent) (Craig A. Johnston for appellant).
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