Lonnie James Pebley v. Colorado
FifthAmendment
Whether the federal double jeopardy protection barring reprosecution as a result of prosecutorial misconduct intended to provoke a mistrial was not shown
QUESTION(S) PRESENTED I. WHETHER THE STATE TRIAL COURT AND APPELLATE COURT ERRONEOUSLY DETERMINED THAT THE FEDERAL DOUBLE JEOPARDY PROTECTION BARRING REPROSECTION AS A RESULT OF PROSECUTORIAL MISCONDUCT INTENDED TO PROVOKE A MISTRIAL WAS NOP SHOWN. IT.WHETHER THE PROSECUYORIAL INTENT FACTOR OUTLINED IN Oregon v. Kennedy, 456 U.S. 667, 102 S.Ct. 2083, 72 L.Ed. 2d 416 (1982), IS TOO ONEROUS AND UNTENABLE TO SATISFY EVEN IN THE MOST EGREGIOUS INSTANCES OF PROSECUTORIAL MISCONDUCT AS ESTABLISHED IN THIS CASE, ‘THUS GIVING RISE TO A COMPELLING REASON .TO INVOKE THIS COURT'S JURISDICTION TO EXERCISE ITS SUPERVISORY AUTHORITY.