KEMPH v. COM.

Record No. 0323-92-3.

437 S.E.2d 210 (1993)

William Timothy KEMPH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 23, 1993.


Attorney(s) appearing for the Case

William H. Cleaveland, Roanoke (Rider, Thomas, Cleaveland, Ferris & Eakin, on brief), for appellant.

Eugene Murphy, Asst. Atty. Gen. (Stephan D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: KOONTZ, ELDER and FITZPATRICK, JJ.


KOONTZ, Judge.

On retrial following a mistrial, a jury convicted William Timothy Kemph (Kemph) on one count of possession of methamphetamine with intent to distribute. On appeal, Kemph asserts that his retrial following mistrial was barred by the double jeopardy provision of the Fifth Amendment as applied to the states through the Fourteenth Amendment. Kemph argues that the mistrial resulted from intentional misconduct by the Commonwealth's Attorney, thereby placing...

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