prosecutorial-intent

2 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6338 Hakeem-Ali Shomo v. Ohio, et al. Ohio 2025-01-17 Denied Response WaivedIFP constitutional-protection double-jeopardy fifth-amendment judicial-misconduct mistrial prosecutorial-intent Does the fundamental protection against double jeopardy, preserved in the Fifth Amendment to the United States Constitution, bar retrial when judicial…
18-8285 Miguel Martinez v. Texas Texas 2019-03-05 Denied IFP mistrial objective-facts oregon-v-kennedy prosecutorial-intent subjective-beliefs wheeler-factors criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-intent wheeler-factors This Court held in Oregon v. Kennedy that the only time a defendant who successfully moves for a mistrial may later bar retrial is when he can prove t…