(Download) "Oregon V. Kennedy" by Supreme Court of Oregon " Book PDF Kindle ePub Free

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Title: Oregon V. Kennedy
Author : Supreme Court of Oregon
Release Date : January 06, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

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Convicted of theft, defendant obtained a reversal in the Court of Appeals because his trial followed a mistrial brought on by what the court described as "flagrant overreaching" by the prosecutor. 49 Or App 415, 418, 619 P2d 948 (1980). After this court denied review, 290 Or 551 (1981), the state obtained a writ of certiorari from the Supreme Court of the United States. The Supreme Court reversed the decision insofar as it rested on the double jeopardy and due process clauses of the United States Constitution and remanded the case to the Court of Appeals. Oregon v. Kennedy, 456 U.S. 667, 102 S Ct 2083, 72 L Ed 2d 416 (1982). On remand, the Court of Appeals reconsidered the nature of the prosecutor's misconduct and its consequences under Oregon law and this time affirmed the conviction. 61 Or App 469, 657 P2d 717 (1983). We allowed review to examine the court's assumption that Oregon law concerning retrials after prosecutor-induced mistrials, a question that first reached this court in State v. Rathbun, 287 Or 421, 600 P2d 392 (1979), is identical to the view of the federal double jeopardy clause expressed by the majority of the Supreme Court in this case. We conclude that Oregon law is not identical but nevertheless leads to an affirmance of this conviction.