BECKER, J.
The first trial of Andre Lewis ended in a mistrial because the prosecutor persisted in asking unfounded and prejudicial questions of a witness. The trial court denied a motion to dismiss for double jeopardy. Because we cannot say that the trial court erred in its assessment of the misconduct under the federal test or the Oregon variant of that test, we affirm the conviction resulting from the second trial.
The State tried Andre Lewis on second-degree...
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