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STATE v. GILLESPIE

A166256.

451 P.3d 637 (2019)

299 Or. App. 813

STATE of Oregon, Plaintiff-Respondent, v. Curtis Brooks GILLESPIE, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

October 9, 2019.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kyle Krohn, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

When a trial court orders a mistrial in a criminal case over the defendant's objection, double jeopardy principles preclude a second trial unless the mistrial was the result of "manifest necessity." In this case, defendant's first trial ended in a mistrial after two law enforcement officers scheduled to testify for the state were called...

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