People v. Shannon

Defendant appealed from the circuit court’s denial of his motion to dismiss, arguing that his retrial was barred by double jeopardy and that any retrial would be unfair because of prosecutorial misconduct. The appellate court affirmed, finding that double jeopardy was only triggered if there was an event that terminated the original jeopardy, which did not occur here because defendant requested a new trial and that request was granted. (O’BRIEN and HAUPTMAN, concurring)