United States v. Kenneth Givens, Robert Turner, and Guinn Kelly

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Appellants contend that the district court improperly declared a mistrial and subjected them to double jeopardy by retrying .them. The district court believed that manifest necessity required a mistrial in the defendants’ first trial and therefore rejected appellants’ claims of double jeopardy. We reverse the judgment of the district court as to two defendants, affirm as to the other, and remand.

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Kenneth Givens, Robert Turner, and Guinn Kelly were members of the Saint Louis Police Department who also worked as security guards at a federal housing project.…