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Oregon Vs. Kennedy
Cites for this judgment
- US Supreme Court
- May 24, 1982
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U.S. 667 (1982) U.S. Supreme Court Oregon v. KennedySearch
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U.S. 667 (1982) Oregon v. KennedySearch
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to provoke a mistrial or is 'motivated by bad faith or undertaken to harass or prejudice' the defendant. United States v. DinitzSearch
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U. S. 600 , 424 U. S. 611 . . . (1976). Accord, State v. RathbunSearch
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this case in order that the Court of Appeals may clarify the grounds upon which its judgment rested. See Delaware v. ProuseSearch
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Brief any citation in this list with AI Studio
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that guided its decision are decisions of this Court. The Court of Appeals' citation to State v. RathbunSearch
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the fact that the state court relied to the extent it did on federal grounds requires us to reach the merits. Zacchini v. Scripps-HowardSearch
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protects a criminal defendant from repeated prosecutions for the same offense. United States v. DinitzSearch
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state will vindicate its societal interest in the enforcement of the criminal laws in one proceeding. United States v. JornSearch
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standard first enunciated in Justice Story's opinion for the Court in United States v. PerezSearch
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standard, the hung jury remains the prototypical example. See, e.g., Arizona v. WashingtonSearch
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standard has no place in the application of the Double Jeopardy Clause. United States v. DinitzSearch
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supra, at 424 U. S. 607 -610. Indeed, in United States v. TateoSearch
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there is a narrow exception to the rule that the Double Jeopardy Clause is no bar to retrial. See, e.g., United States v. DiFrancescoSearch
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have been stated with less than crystal clarity in our cases which deal with this area of the law. In United State v. DinitzSearch
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This language would seem to follow the rule of United States v. TateoSearch
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United State v. DinitzSearch
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United State v. ScottSearch
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a large, extent lost in the process of trial to verdict, reversal on appeal, and subsequent retrial. See United States v. DinitzSearch
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standard from the following language in the plurality opinion in United States v. JornSearch
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Id. at 400 U. S. 485 , n. 12. There are likewise statements in United States v. DinitzSearch
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This Court held in Benton v. MarylandSearch
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Cf. United State v. TateoSearch
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aside, unless the conviction has been reversed because of the insufficiency of the evidence. See, e.g., United states v. DiFrancescoSearch
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s assessment as to the necessity for a mistrial in deciding questions of double jeopardy. As this Court said in Gori v. UnitedSearch
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is simply not borne out by even a moderately careful reading of our cases on the point. The footnote in United States v. TateoSearch
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The plurality opinion in United States v. JornSearch
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the Court's opinion in United States v. DinitzSearch
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Only last Term, in United States v. DiFrancescoSearch
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as that provision Page 456 U. S. 681 has been interpreted by the state courts, State v. RathbunSearch
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Ore. 421, 600 P.2d 392 (1979). See South Dakota v. OppermanSearch
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U. S. 364 , 428 U. S. 396 (1976) (MARSHALL, J., dissenting), on remand, State v. OppermanSearch
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We Page 456 U. S. 692 should simply decide this case on its facts, as we did in United States v. DinitzSearch
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and Lee v. UnitedSearch
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the state constitutional protection against double jeopardy to be broader than the federal provision, see State v. RathbunSearch
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U.S. Supreme Court Oregon v. KennedySearch
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Accord, State v. RathbunSearch
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See Delaware v. ProuseSearch
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State v. RathbunSearch
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Zacchini v. Scripps-HowardSearch
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