State v. Curl
670 P.2d 1058, 65 Or. App. 227, 1983 Ore. App. LEXIS 3861
Court of Appeals of Oregon·Decided October 19, 1983·No. 3829 M; CA A28638·Published·Cited by 2 cases
Opinion
The trial court’s conclusions in this driving under the influence of intoxicants case that (1) a prosecutor’s mistake was “gross” negligence and (2) that mistake, which led to a mistrial, required dismissal of this case on prior jeopardy grounds are in error. The district attorney’s error was simple negligence, at most. Even if it were gross negligence, however, that would not create a prior jeopardy problem. See State v. Kennedy, 295 Or 260, 616 P2d 1316 (1983).
Reversed and remanded for trial.
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State v. Curl, 670 P.2d 1058, 65 Or. App. 227, 1983 Ore. App. LEXIS 3861 (Or. Ct. App. 1983).
670 P.2d 1058 (State v. Curl) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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