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STATE v. GILLESPIE

A166256.

451 P.3d 637 (2019)

299 Or. App. 813

STATE of Oregon, Plaintiff-Respondent, v. Curtis Brooks GILLESPIE, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

October 9, 2019.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Kyle Krohn , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jennifer S. Lloyd , Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

When a trial court orders a mistrial in a criminal case over the defendant's objection, double jeopardy principles preclude a second trial unless the mistrial was the result of "manifest necessity." In this case, defendant's first trial ended in a mistrial after two law enforcement officers scheduled to testify for the state were called...

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