STATE v. DAVENPORT

No. 2013-KK-1859.

147 So.3d 137 (2014)

STATE of Louisiana v. Morris DAVENPORT, Jr.

Supreme Court of Louisiana.

Rehearing Denied July 1, 2014.


Attorney(s) appearing for the Case

Department of Justice, State of Louisiana, James D. Caldwell , Attorney General, District Attorney's Office, Sabine Parish, Don M. Burkett , District Attorney, Anna L. Garcie , Assistant District Attorney, for Applicant.

Public Defender's Office, 11th Judicial District, Robert S. Noel , D. Scott Kendrick , Attorney at Law, David Scott Kendrick , Natchitoches, LA, for Respondent.


CLARK, Justice.

The res nova issue before us is whether a defendant having been tried once, may nevertheless be ordered to stand trial a second time when the trial judge in the first proceeding, acting without authority, grants a motion for acquittal in a jury trial, dismisses the jury and subsequently orders a mistrial. A decision whether to retry a defendant under these circumstances requires a careful analysis of the constitutional protection against double...

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