United States First Circuit

Defendant's retrial was not barred by the Double Jeopardy Clause as the trial judge did not intentionally provoke defendant's request for a mistrial. Prosecutor did not improperly comment on defendant's exercise of his Fifth Amendment rights.

Appellate Information

• Decided 04/29/2003
• Published 04/29/2003

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michele J. Woods, with whom Joshua D. Franklin was on brief, for appellant.


• For Appellees:
  
• Mark E. Howard, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on brief, for appellee.