The STATE v. Maddox

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• narrow exception barring retrial after motion for mistrial does not extend to misconduct of police officer
• police officer's testimony in drunk driving trial was not attributable to prosecutorial misconduct where prosecutor did not actively aid or encourage the officer but rather had specifically instructed him not to refer to defendant's prior convictions
• police officer's testimony in drunk driving trial was not attributable to prosecutorial misconduct where prosecutor did not actively aid or encourage the officer but rather had specifically instructed him not to refer to defendant's prior convictions
• retrial not barred absent a showing that the prosecutor actively aided, counseled, or became a willing party to the error caused when a police officer testified that the defendant had previously been convicted of two DUI’s
• police officer's testimony in drunk driving trial was not attributable to prosecutorial misconduct where prosecutordid not actively aid or encourage the officer but rather had specifically instructed him not to refer to defendant's prior convictions
• double jeopardy did not bar retrial of defendant where record supported the conclusion that the State “was attempting to place the prohibited evidence before the jury to enhance the likelihood of [defendant’s] conviction,” rather than to goad a mistrial

Source: CourtListener parenthetical corpus (CC0).