Last year a Jefferson County District Court Judge suppressed evidence in a DUI trial after the jury had been sworn. When the judge threw out the evidence she also dismissed the case because the prosecution did not have any evidence allowing them to go forward. The prosecutor appealed to the Jefferson Circuit Court where the Honorable Mary Shaw agreed that jeopardy had attached and the government could not proceed with another trial. Prosecutors then appealed to the Kentucky Court of Appeals. Last week, the Court agreed with Judge Shaw that jeopardy had attached and the government could not retry the DUI defendant.
Mike Mazzoli drafted the brief and argued the case before the Court of Appeals. I have attached a copy of Mike's brief and the Court's opinion affirming.Appellate Brief ; Opinion
