Can Prosecutors Put the Same Gun in the Hands of More Than One Shooter?
John Thompson vs. American Justice
The Power of Prosecutors
Blog Editor
Mark Godsey
Daniel P. & Judith L. Carmichael Professor of Law, University of Cincinnati College of Law; Director, Center for the Global Study of Wrongful Conviction; Director, Rosenthal Institute for Justice/Ohio Innocence Project
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Contributing Editors
Justin Brooks
Professor, California Western School of Law; Director, California Innocence ProjectOrder his book Wrongful Convictions Cases & Materials 2d ed. here
Cheah Wui Ling
Assistant Professor, Faculty of Law, National University of Singapore
Daniel Ehighalua
Nigerian Barrister
Jessica S. Henry
Associate Professor of Justice Studies, Montclair University
Carey D. Hoffman
Director of Digital Communications, Ohio Innocence Project@OIPCommunicati1
Shiyuan Huang
Associate Professor, Shandong University Law School; Visiting Scholar, University of Cincinnati College of Law
C Ronald Huff
Professor of Criminology, Law & Society and Sociology, University of California-Irvine
Phil Locke
Science and Technology Advisor, Ohio Innocence Project and Duke Law Wrongful Convictions Clinic
Dr. Carole McCartney
Reader in Law, Faculty of Business and Law, Northumbria University
Nancy Petro
Author and Advocate Order her book False Justice here
Kana Sasakura
Professor, Faculty of Law, Konan University Innocence Project Japan
Dr. Robert Schehr
Professor, Department of Criminology & Criminal Justice, Northern Arizona University; Executive Director, Arizona Innocence Project
Ulf Stridbeck
Professor of Law, Faculty of Law, University of Oslo, Norway
Martin Yant
Author and Private Investigator Order his book Presumed Guilty here-
Wrongful Convictions Blog 
Well, you have to give it a close reading, but Pyle v. Kansas, 317 US 213 (1942) held that inconsistent prosecutions are a due process violation, and it has never been overruled. More like forgotten. Scalia certainly forgot it.
Actually I blogged about this some time ago. At some point we should try to understand why the obvious in 1942 has become so obscured in the 21st century.