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DEMORY v. STATE

No. A11A1071.

721 S.E.2d 93 (2011)

313 Ga. App. 265

DEMORY v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied December 12, 2011.

Attorney(s) appearing for the Case

Travis Anton Williams , H. Bradford Morris, Jr. , Gainesville, Larry L. Duttweiler , for appellant.

Lee Darragh , Dist. Atty., Wanda Lynn Vance , Kelley M. Robertson , Asst. Dist. Attys., for appellee.

ADAMS, Judge.

The trial court granted an oral motion for mistrial asserted by Cedric Rafael Demory in his trial on charges of burglary, felony obstruction of an officer and misdemeanor possession of marijuana. Demory subsequently filed a "Plea of Former Jeopardy" on the ground that the mistrial was caused by the intentional misconduct of the prosecutor. The trial court denied that plea, and Demory appeals.

Where, as here, a mistrial is granted at the request...

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