In the Matter of Arthur Davis, Appellant v. Richard A. Brown, as District Attorney of Queens County…

Summary

The New York Court of Appeals reversed the Appellate Division and held that a defendant may expressly limit a motion for a mistrial to one with prejudice; because the trial court granted a mistrial without prejudice against the defendant’s expressed limitation, double jeopardy bars any retrial. The Court also clarified that the prosecution did not intentionally provoke the mistrial, so the Kennedy exception does not apply.