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STATE v. WALKER

No. ED 83175.

130 S.W.3d 18 (2004)

STATE of Missouri, Appellant, v. Nathan WALKER, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

March 16, 2004.

Attorney(s) appearing for the Case

Andrea Kaye Spillars, Charnette D. Douglass, Jefferson City, MO, for appellant.

Sue C. Speers, St. Charles, MO, for respondent.

MARY R. RUSSELL, Judge.

The State of Missouri ("State") appeals from a judgment granting Nathan Walker's ("Defendant") motion for a mistrial with prejudice. State asserts the trial court erred in granting Defendant a mistrial with prejudice, rather than a mistrial, when one victim invoked her Fifth Amendment1 right not to testify. State argues double jeopardy did not attach and retrial should not be prohibited in that the prosecutor did...

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