(DOWNLOAD) "West v. Maryland" by September Term, 1981 Court of Special Appeals of Maryland No. 1555 # eBook PDF Kindle ePub Free
eBook details
- Title: West v. Maryland
- Author : September Term, 1981 Court of Special Appeals of Maryland No. 1555
- Release Date : January 03, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
We are here called upon to explore a secluded but exotic corner of the double jeopardy garden -- prosecutorial and judicial overreaching. In life, it is seldom seen except as an imagined possibility in the most painstakingly thorough of footnotes. As a contention, however, it is in luxuriant vogue and is being resorted to promiscuously. The antidote for the spell of the lotus blossoms is the sobering question, ""Is the overreaching conduct that will bar a retrial, following a mistrial which circumstances have forced a defendant to request, limited to the deliberate derailment of a trial in progress or does it also embrace such other misconduct as the insinuating of error into the trial either (1) through gross negligence or (2) consciously, but with a design to win the trial rather than to abort it?"" In a holding anticipated by this Court1 and, in significant measure, by the Court of Appeals,2 the Supreme Court in Oregon v. Kennedy, U.S. , 102 S.Ct. 2083, 72 L.Ed.2d 416 (1982), has now unequivocally resolved that it is only the deliberate derailing that will engage the gears of the double jeopardy machinery.
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