Binger asks where the ammo in the gun came from. Kyle says it was previously loaded from a trip to the range.
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Right, a second prosecution may be barred if the prosecutor "intended to provide the defendant into moving for a mistrial" (State v. Shegonee, 2004 WI App 109)pic.twitter.com/cziIdQVnBf
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Right. Unless the mistrial is defense-induced or there is some sort of “manifest necessity” (that is, extenuating circumstances NOT caused by the prosecution) then retrial will be barred as jeopardy attaches when the jury is sworn in.
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