Court of Appeals granted writ of habeas corpus.
Prosecutors barred from retrying client based on prosecutorial misconduct.
Court of Appeals granted writ of habeas corpus barring prosecutors from retrying client based on prosecutorial misconduct. In a case wherein client was charged with assault on an off-duty police officer, judge granted defendant\’s mistrial after Mr. Lowe uncovered prosecutors withheld exculpatory statements made by his client. In spite of their misconduct, prosecutors sought to retry client in violation of double jeopardy. On Mr. Lowe\’s writ of habeas corpus, the Court of Appeals then found that prosecutors had abused their office by not turning over the exonerating statements and barred prosecutors from retrying client.
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