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Old 11-25-2004, 02:29 AM
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1nonlyTeRe 1nonlyTeRe is offline
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Default Article: Court leaves open possibililty of retrial

Court leaves open possibililty of retrial

Mistrial had been declared in man's alleged killing of brotherMistrial had been declared in man's alleged killing of brother

Associated Press
November 25, 2004

BOISE – The state Court of Appeals on Wednesday left open the possibility of retrying a 19-year-old man from British Columbia for allegedly killing his older brother three years ago in North Idaho.

The three-judge panel unanimously agreed that the declaration of a mistrial four months after the killing was appropriate, considering the questionable actions of the defense attorney, and did not create circumstances that would unconstitutionally subject Joseph Manley to double jeopardy if he were tried again.

Because the mistrial was justified, prosecutors could lodge a new second-degree murder charge against Manley for the Dec. 14, 2001, killing of Christopher Manley, who was found dying outside their father's mobile home in Moyie Springs.
The two brothers lived with their mother in Creston, B.C., but were in Moyie Springs visiting their father, James Manley. They visited him on most weekends at the time.

Authorities claimed Joseph Manley, who was 16 at the time, killed his brother with a rifle during a drunken argument. His defense attorney maintained the shooting was either accidental or suicide.

Four days into the second-degree murder trial in March 2002, Michaud declared a mistrial following an emotional outburst by defense attorney Roger Williams, who accused the judge of being biased against him because Williams was supporting Michaud's challenger in that May's election.

Manley contended the mistrial was not justified and therefore subjected him to double jeopardy if the state attempted to retry him. But the appellate court disagreed.

The state did refile the murder charge that spring, only to drop it in July after a second expert contradicted findings of the first that blood found on Manley's clothing was from the spatter or blowback that occurred at the time of the shooting.

Found here: http://www.spokesmanreview.com/local/story.asp?ID=39817
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