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OREGON v. KENNEDY

No. 80-1991.

456 U.S. 667 (1982)

102 S.Ct. 2083

72 L.Ed.2d 416

OREGON v. KENNEDY

Supreme Court of United States.

Decided May 24, 1982.

Attorney(s) appearing for the Case

Dave Frohnmayer, Attorney General of Oregon, argued the cause for petitioner. With him on the brief were William F. Gary, Solicitor General, and Robert E. Barton, John C. Bradley, Thomas H. Denney, and Stephen F. Peifer, Assistant Attorneys General.

Donald C. Walker argued the cause and filed a brief for respondent.

Samuel A. Alito, Jr., argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Lee, Assistant Attorney General Jensen, Deputy Solicitor General Frey, and David B. Smith.*

JUSTICE REHNQUIST delivered the opinion of the Court.

The Oregon Court of Appeals decided that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution barred respondent's retrial after his first trial ended in a mistrial granted on his own motion. 49 Or.App. 415, 619 P.2d 948 (1980), cert. granted, 454 U.S. 891 (1981). The Court of Appeals concluded that retrial was...

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