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STATE v. MANLEY

No. 31458.

127 P.3d 954 (2005)

142 Idaho 338

STATE of Idaho, Plaintiff-Respondent, v. Joseph Allen MANLEY, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, October 2005 Term.

December 20, 2005.

Attorney(s) appearing for the Case

Jonathan W. Cottrell, Sandpoint, for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

TROUT, Justice.

Appellant Joseph Allen Manley has requested review of the district court's sua sponte declaration of a mistrial based on manifest necessity. After the mistrial was declared, Manley's motion to dismiss with prejudice on the grounds that any subsequent trial would be barred by double jeopardy was denied. Subsequently, the Respondent State of Idaho asked for a dismissal because new lab results had weakened the State's case against Manley. The district...

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