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STATE v. LONG

No. CX-95-1628.

562 N.W.2d 292 (1997)

STATE of Minnesota, Petitioner, Appellant, v. Evelyn LONG, Respondent.

Supreme Court of Minnesota.

April 24, 1997.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., Susan Gaertner, Ramsey County Atty. by Mark N. Lystig, Asst. County Atty., St. Paul, for appellant.

John M. Stuart, State Public Defender by Lawrence Hammerling, Deputy State Public Defender, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

OPINION

BLATZ, Justice.

Evelyn Long appeals to this court asking that she not be retried for stabbing her husband in the chest. Asserting the double jeopardy protections contained in both the United States and Minnesota Constitutions, she argues that the state is barred from prosecuting her a second time because the trial court's sua sponte declaration of a mistrial at the first trial was an abuse of discretion. The court of appeals agreed. State...

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