District Court of Appeal of Florida

An order, following a defense-requested mistrial, finding that double jeopardy barred defendant from being retried for murder of a fellow prison inmate is reversed where a prosecutor's motive for eliciting certain testimony was simply to introduce evidence that he believed to be both relevant and admissible, and there was no goading of the defense into moving for a mistrial.

Appellate Information

• Decided 05/05/2006
• Published 05/05/2006

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.


• For Appellees:
  
• James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellee.