California Court of Appeal

Penal Code sections 1041(3)-1042 requires a jury trial on a once in jeopardy plea asserting a Kennedy-type claim, one in which the prosecutor at the first of defendants' two trials intentionally goaded them into requesting a mistrial, Oregon v. Kennedy (1982) 456 U.S. 667.

Appellate Information

• Decided 10/15/2015
• Published 10/15/2015

Judges

• POOCHIGIAN

Court

• California Court of Appeal

Counsel