United States v. Ray Foster (6th Cir. December 2019)
Fifth Amendment, Prosecutorial Misconduct, Recent Circuit Cases, Sixth Circuit
|The Court held that the double jeopardy clause did not bar the Government from retrying the defendant where the prosecution did not “coax” the defendant into requesting a mistrial at his first trial. Despite the fact that the prosecution had repeatedly and obviously violated the defendant’s right to confrontation of witnesses at that trial, the district court did not clearly err in finding that the prosecutor had not intended to lure the defendant into requesting a mistrial, citing the strength of the prosecutor’s case and the prosecution consistently arguing that the confrontation clause did not apply.