STATE v. YEBOAH

No. A04-1031.

691 N.W.2d 87 (2005)

STATE of Minnesota, Respondent, v. Kofi YEBOAH, Appellant.

Court of Appeals of Minnesota.

January 25, 2005.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Amy Klobuchar, Hennepin County Attorney, Linda K. Jenny, Assistant Hennepin County Attorney, Minneapolis, MN, for respondent.

Larry E. Reed, Minneapolis, MN, for appellant.

Considered and decided by SHUMAKER, Presiding Judge; RANDALL, Judge; and HALBROOKS, Judge.


OPINION

GORDON W. SHUMAKER, Judge.

On appeal from a declaration of a mistrial and a motion for retrial, appellant argues that (1) retrial is barred by the double-jeopardy clauses of the United States and Minnesota constitutions because the mistrial was declared over the defendant's objection; (2) no manifest necessity existed for the declaration of the mistrial; and (3) the district court erred when it sent the incomplete jury in to determine whether or...

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