context: Indeed, courts have held that prosecutorial misconduct must rise to an egregious level for double jeopardy to bar a retrial. A defendant cannot be retried only "where the misconduct of the prosecutor is undertaken ... to prevent an acquittal that [he] believed at the time was likely to occur in the absence of his misconduct."
citation_a.signal: no signal
citation_a.identifier: 979 F.2d 912, 916
citation_a.parenthetical: holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met
citation_a.sentence: United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met), cert. denied, - U.S. -, 113 S.Ct. 2414, 124 L.Ed.2d 637 (1993); see also Oregon v. Kennedy, 456 U.S. 667, 679, 102 S.Ct. 2083, 2091-92, 72 L.Ed.2d 416 (1982) (retrial after defense moves for mistrial barred by double jeopardy only where “the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial”); United States v. Cartagenar-Carrasquillo, 70 F.3d 706, 714-15 (1st Cir.1995) (when no evidence of prosecutorial misconduct, defendant’s successful motion for mistrial does not trigger double jeopardy).
citation_b.signal: see also
citation_b.identifier: 102 S.Ct. 2083, 2091-92
citation_b.parenthetical: retrial after defense moves for mistrial barred by double jeopardy only where "the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial"
citation_b.sentence: United States v. Wallach, 979 F.2d 912, 916 (2d Cir.1992) (holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met), cert. denied, - U.S. -, 113 S.Ct. 2414, 124 L.Ed.2d 637 (1993); see also Oregon v. Kennedy, 456 U.S. 667, 679, 102 S.Ct. 2083, 2091-92, 72 L.Ed.2d 416 (1982) (retrial after defense moves for mistrial barred by double jeopardy only where “the conduct giving rise to the successful motion ... was intended to provoke the defendant into moving for a mistrial”); United States v. Cartagenar-Carrasquillo, 70 F.3d 706, 714-15 (1st Cir.1995) (when no evidence of prosecutorial misconduct, defendant’s successful motion for mistrial does not trigger double jeopardy).