[Download] "Espinoza v. District Court" by Colorado Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Espinoza v. District Court
• Author : Colorado Supreme Court
• Release Date : January 05, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

This is an original proceeding in which we issued a rule to show cause why the respondents should not be prohibited from retrying the petitioners on criminal charges. In the first trial, the respondent judge declared a mistrial sua sponte during the course of a defense attorneys closing argument. The respondents now intend to proceed with the second trial and the petitioners claim that a second trial should be barred because it would be in violation of the constitutional prohibition against double jeopardy. The matter is now at issue and after having considered the merits of the controversy, we make the rule absolute. To expose these defendants to a second trial under the facts here would constitute double jeopardy. Therefore, we order that the respondents be prohibited from proceeding to another trial.

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