People v. Baca

This case presents the question of whether a mistrial, occasioned by the misconduct of the prosecutor and granted at the instance of and pursuant to a defense motion, can provide the basis for a claim of double jeopardy upon retrial of the defendant.

The defendant was convicted of the murder of Leroy Romero. In the course of an earlier trial on the same charge, the prosecutor called a witness in rebuttal and sought to obtain certain testimony from her regarding an attempt by the defendant to persuade her to commit perjury. An *11objection was made, and an in camera hearing followed. At the…