[Download] "Oregon v. Williams" by Court of Appeals of Oregon ~ eBook PDF Kindle ePub Free
eBook details
- Title: Oregon v. Williams
- Author : Court of Appeals of Oregon
- Release Date : January 22, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The issue in this case and in the companion case of State v. Brown, 48 Or App 223, 616 P2d 582 (1980) is whether jeopardy has attached and prohibits a retrial when, in defendants first trial, due to the bailiffs inadvertent error, the jury saw the defendant in handcuffs and the trial court granted the defendants subsequent motion for mistrial. The trial court in the present case held that jeopardy had attached and dismissed. We reverse. We hold that the bailiffs negligent mistake in this case is not judicial misconduct which precludes a retrial of the defendant. State v. Rathbun, 287 Or 421, 600 P2d 392 (1979).
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