People v. Dawson

The double jeopardy provisions of the Michigan 1 and federal 2 constitutions protect an accused from being twice put in jeopardy for the same offense. "Being twice put in jeopardy” includes being subjected to a retrial after the initial prosecution ends in a mistrial. 3 An exception to the double jeopardy bar has been made, and retrials allowed, where the prosecutorial or judicial errors requiring the mistrial appear to have been innocent 4 or were beyond the prosecutor’s control. 5 A general exception has also been made where the mistrial was granted on the defendant’s motion or with his…