Tinsley v. Jackson

LAMBERT, Justice.

This appeal is from the order of the Court of Appeals which denied appellant’s petition for writ of prohibition. This issue presented is whether, in view of the facts and circumstances surrounding the trial court’s order of mistrial, retrial is barred by the double jeopardy clause of the Fifth Amendment to the Constitution of the United States and Section 13 of the Constitution of Kentucky.

Prior to the commencement of trial, appellant moved for and was granted an order which required, inter alia, the Commonwealth to produce for his inspection all exculpatory evidence. The…