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Montana Supreme Court: Retrial Following Mistrial Declared Without 
‘Manifest Necessity’ Violates Prohibition on Double Jeopardy

by Mark Wilson

The Supreme Court of Montana held that a municipal court violated state and federal double jeopardy prohibitions when it declared a mistrial and ordered a new trial.

James Joseph Huertas was charged in Billings Municipal Court with Partner or Family Member Assault (“PFMA”). The …

 

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