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FLINT v. CARR

No. 20-3165.

10 F.4th 786 (2021)

Antwon FLINT, Petitioner-Appellant, v. Kevin CARR, Secretary of the Wisconsin Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 2021.

Attorney(s) appearing for the Case

Joseph Aragorn Bugni , Attorney, Federal Defender Services of Wisconsin, Inc., Madison, WI, Anderson M. Gansner , Attorney, Federal Defender Services of Eastern Wisconsin, Incorporated, Milwaukee, WI, for Petitioner-Appellant.

Scott Rosenow , Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

Before Wood, Brennan, and St. Eve, Circuit Judges.

The Double Jeopardy Clause of the Fifth Amendment provides that "No person shall ... be subject for the same offence to be twice put in jeopardy of life or limb." This constitutional protection prohibits retrial after an acquittal, but a mistrial declared over a defendant's objection does not always prevent another prosecution...

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