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MERRIWEATHER v. UNITED STATES

No. 82-958.

466 A.2d 853 (1983)

Mitchell MERRIWEATHER, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 15, 1983.

Attorney(s) appearing for the Case

Susan Schneider, Public Defender Service, Washington, D.C., with whom A. Franklin Burgess, Jr., Public Defender Service, Washington, D.C., was on briefs, for appellant. Linda Jacobson, Public Defender Service, Washington, D.C., also entered an appearance for appellant.

Thomas P. Murphy, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Michael W. Farrell and Cary M. Feldman, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before NEWMAN, Chief Judge, KERN, Associate Judge, and REILLY, Chief Judge, Retired.

REILLY, Chief Judge, Retired:

Under a Supreme Court holding that a pretrial order denying a dismissal motion predicated on a claim of double jeopardy is appealable,1 a defendant who had successfully moved for mistrial after the government had rested its case in a murder trial, has appealed to this court from an order of a second trial judge rejecting his contention that a retrial on the same indictment2 would...

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