State v. Kennedy

Convicted of theft, defendant obtained a reversal in the Court of Appeals because his trial followed a mistrial brought on by what the court described as “flagrant overreaching” by the prosecutor. 49 Or App 415, 418, 619 P2d 948 (1980). After this court denied review, 290 Or 551 (1981), the state obtained a writ of certiorari from the Supreme Court of the United States. The Supreme Court reversed the decision insofar as it rested on the double jeopardy and due process clauses of the United States Constitution and remanded the case to the Court of Appeals. Oregon v. Kennedy, 456 US 667, 102 S…