Oregon v. Kennedy
United States Supreme Court
456 U.S. 667 (1982)
Kennedy (defendant) was tried for stealing a rug. During redirect examination of a witness, the prosecutor asked a number of questions about why the witness filed a complaint against Kennedy, including whether Kennedy was a “crook.” After sustaining a number of the defense’s objections, the trial court granted Kennedy’s motion for a mistrial. Before the retrial, Kennedy moved the court to dismiss the charges on double jeopardy grounds. The trial court held a hearing and determined that the prosecutor did not intend to induce a mistrial, and the Double Jeopardy Clause did not prohibit retrial. Kennedy was convicted. The Oregon Court of Appeals overturned the conviction and found that the retrial was barred on double jeopardy grounds due to the prosecutor’s “overreaching.” The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Rehnquist, J.)
Concurrence (Powell, J.)
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