No. 18-6251

Lonnie James Pebley v. Colorado

Lower Court: Colorado
Docketed: 2018-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court
Key Terms:
FifthAmendment
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether the federal double jeopardy protection barring reprosecution as a result of prosecutorial misconduct intended to provoke a mistrial was not shown

Question Presented (OCR Extract)

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.

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-16
Waiver of right of respondent State of Colorado to respond filed.
2018-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2018)

Attorneys

Lonnie Pebley
Lonnie James Pebley — Petitioner
State of Colorado
L. Andrew CooperOffice of the Colorado Attorney General, Respondent