JORGENSON, Judge.
Dole Duncan successfully moved for a mistrial based on prosecutorial misconduct. The state subsequently increased the severity of the charges against him. Following a second trial, Duncan was found guilty. He urges that the trial court erred in denying his motions to dismiss the charges against him on grounds of prosecutorial vindictiveness and double jeopardy. We agree that, under the circumstances of this case, double jeopardy attached.
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.