STATE EX REL. KEMPER v. VINCENT

No. SC87246.

191 S.W.3d 45 (2006)

STATE ex rel. Sandra KEMPER, Relator, v. The Honorable David Lee VINCENT, Respondent.

Supreme Court of Missouri, En Banc.

May 16, 2006.


Attorney(s) appearing for the Case

Susan K. Roach, Melissa A. Featherston, Shaun M. Falvey, Clayton, for Relator.

Sheila Whirley, John J. Duepner, Office of Prosecuting Atty., Clayton, for Respondent.


MICHAEL A. WOLFF, Chief Justice.

Does the constitutional prohibition of double jeopardy bar a second trial after a court-declared mistrial in the first trial? The inquiry in this case centers on whether granting a mistrial was a "manifest necessity."

The state introduced Sandra Kemper's confessions to setting a fatal fire in her home. The confessions came after police told Kemper that she had failed a polygraph test...

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