Law Practice,
Criminal,
9th U.S. Circuit Court of Appeals
Mar. 17, 2022
9th Circuit decides double-jeopardy doesn’t apply to Avenatti case
To succeed on this claim, Avenatti was required to establish that the prosecution’s conduct giving rise to the motion was “intended to ‘goad’ [him] into moving for a mistrial,” the opinion read. “But the district court expressly found that “[n]o ‘goading’ occurred,”
The 9th U.S. Circuit Court of Appeals on Wednesday rejected a claim by disgraced lawyer Michael Avenatti that prosecutors "goaded" him into requesting a mistrial by intentionally withholding evidence favorable to his defense against charges he stole from clients.
"To succeed on this claim, Avenatti was required to establish that the prosecution's conduct giving rise to the motion was intended to 'goad' [him] into moving for a mistrial," Ju...
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