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SANCHEZ v. U.S.

No. 05-CF-297.

919 A.2d 1148 (2007)

Jose SANCHEZ, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 5, 2007.

Attorney(s) appearing for the Case

Justin Dillon, with whom Patrick O'Donnell, Washington, DC and Amy Richardson, were on the brief, for appellant.

Valinda Jones, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney at the time the brief was filed, and Roy W. McLeese III and Matthew P. Cohen, Assistant United States Attorneys, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, FARRELL, Associate Judge, and STEADMAN, Senior Judge.

FARRELL, Associate Judge:

Retrial of a criminal defendant after a mistrial over his objection and unsupported by "manifest necessity" violates double jeopardy. Arizona v. Washington, 434 U.S. 497, 505, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978). The trial judge here, after being informed by the Assistant United States Attorney mid-trial that appellant, a juvenile, had been mistakenly indicted for a crime that did not subject him to...

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