People v. Griffith

Defendant's conviction for murder had been affirmed, despite intentional and systematic misconduct of the prosecutor during trial. Defendant's postconviction petition claiming numerous instances of ineffective assistance of counsel was summarily dismissed. Federal district court granted his petition for writ of habeas corpus. A new trial protects the Defendant's constitutional right to a fair trial; no interests protected by the double jeopardy clause are at stake. The interests behind the double jeopardy clause do not bar a retrial under the circumstances. The only relief the Defendant can claim, even considering egregious prosecutorial misconduct, is a new trial. (CAHILL and McBRIDE, concurring.)