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CARTER v. UNITED STATES

No. 85-266.

497 A.2d 438 (1985)

Kenneth CARTER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 19, 1985.

Attorney(s) appearing for the Case

Michael Lasley, Washington, D.C., for appellant.

Ellen Bass, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty. and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before PRYOR, Chief Judge, and MACK and ROGERS, Associate Judges.

ROGERS, Associate Judge:

Appellant appeals from the denial of a motion to dismiss on the grounds of double jeopardy.1 During trial, the prosecutor and codefendant moved for a mistrial which was granted. Appellant contends that his retrial, scheduled for July 15, 1985, is barred because the trial judge failed to make a sufficient inquiry to determine if a mistrial was a manifest necessity or to consider alternatives. He also contends the...

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