Lee v. United States

Summary

The Court held that Lee's retrial did not violate the Double Jeopardy Clause because the first proceeding was terminated at his request after the court dismissed a defective information, and the dismissal was functionally equivalent to a mistrial rather than a favorable termination. Because neither the prosecutor's drafting error nor the court's handling of Lee's late motion involved bad faith, harassment, or prosecutorial or judicial overreaching, reprosecution was permitted. Justice Brennan concurred while emphasizing the defendant's valued right to have trial completed by the first tribunal; Justice Rehnquist concurred based on his revised view of dismissal and mistrial doctrine; and Justice Marshall, dissenting, would have treated the Government's errors as requiring reversal.