[DOWNLOAD] "State Tennessee v. Rodney J.D Smith and" by The Texas Court of Criminal Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Rodney J.D Smith and
- Author : The Texas Court of Criminal Appeals
- Release Date : January 14, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The sole issue in this appeal is whether manifest necessity required the trial court to declare a mistrial in the defendants trial for felony murder and armed robbery. If so, the defendants could be retried without violating the double jeopardy clauses of the Tennessee and United States Constitutions. After concluding that there was a distinct possibility of defense attorney misconduct affecting the trial, the trial court determined that manifest necessity existed requiring it to declare a mistrial. When the State sought a retrial, the defendants moved to dismiss the indictments on the ground of double jeopardy. The trial court denied the motion but granted an interlocutory appeal. The Court of Criminal Appeals affirmed. We conclude that manifest necessity existed for declaring a mistrial, and that the ends of public Justice would have been defeated had the trial been allowed to continue. Accordingly, neither the state nor federal constitutional double jeopardy provision applies, and the defendants may be retried on the indictment for felony murder and armed robbery.
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