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Roger Clemens Retrial Likely After Judge Declares Mistrial, According To Report

Publication Date: 
July 15, 2011
Baseball Nation
Brian Floyd

Professor Robert Weisberg is quoted by Brian Floyd in this Baseball Nation article on how a judge will have to look at the type of "misconduct" by the prosecution in the Roger Clemens perjury case in order to decide on whether to proceed with a retrial.

Tom Schoenberg and Ann Woolner at Bloomberg have spoken to lawyers who say that after the mistrial in his perjury case, Roger Clemens will probably have to face a jury yet again.

"A procedural goof-up shouldn’t preclude a retrial, unless the judge believes it involves intentional, egregious misconduct," [Stanford law professor Robert] Weisberg said, citing a Supreme Court ruling.