Supreme Court of California

When the prosecution in a criminal case commits misconduct that results in a mistrial, the double jeopardy clause of the California Constitution is properly protective of a broader range of double jeopardy interests than the federal standard, and bars retrial in some circumstances in which the federal Constitution does not.

Appellate Information

• Decided 05/19/2003
• Published 05/19/2003

Judges

•  GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Chris R. Redburn, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant Tracy L. Batts., Barbara A. Smith, Spring Valley, under appointment by the Supreme Court, for Defendant and Appellant Terrance McCrea., Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Carol Wendelin Pollack and Pamela C. Hamanaka, Assistant Attorneys General, John R. Gorey, Margaret E. Maxwell and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent., Steve Cooley, District Attorney (Los Angeles), George M. Palmer, Head Deputy District Attorney, Roderick Leonard and Matthew G. Monforton, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.