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KENNEDY v. WASHINGTON

No. 91-3517.

986 F.2d 1129 (1993)

Peter J. KENNEDY, Petitioner-Appellant, v. Odie WASHINGTON, Warden, Dixon Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 1993.

Rehearing and Rehearing Denied March 31, 1993.

Attorney(s) appearing for the Case

William J. Stevens, Chicago, IL (argued), for Peter J. Kennedy.

Marcia L. Friedl, Asst. Atty. Gen., Chicago, IL (argued), Karen A. Kloppe, Crim. Appeals Div., Springfield, IL, for Odie Washington, Warden, Dixon Correctional Center.

Before BAUER, Chief Judge, POSNER, Circuit Judge, and WILL, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 31, 1993.

POSNER, Circuit Judge.

Once the jury in a criminal trial is sworn, the defendant's right under the double jeopardy clause not to be prosecuted a second or subsequent time for the same crime attaches, and only if there is error in the first trial can that right be made to yield to the government's interest in convicting the guilty. Peter Kennedy has been put on trial for murder three times for a vehicular...

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