Legal Opinion
United States v. Juan G. Rios
Court of Appeals for the Tenth Circuit
Decided November 14, 1980No. 80-1406PublishedCited by 27 opinions
1Opinion of the Court
SETH, Chief Judge.
This Abney appeal is taken from denial of a motion to bar retrial based on the double jeopardy clause of the Fifth Amendment. The only issue is whether the prosecutor’s behavior during the first trial constituted deliberate misconduct intended to provoke a mistrial motion and whether the double jeopardy clause is thus invoked to bar retrial. See United States v. Dinitz, 424 U.S. 600, 96 S.Ct. 1075, 47 L.Ed.2d 267. Defendant Rios at his first trial was convicted by a jury of possession of heroin with intent to distribute. Defense counsel moved for a mistrial after the…
2Cases cited11 opinions
- United States v. JornSupreme Court of the United States · 1971
- United States v. ScottSupreme Court of the United States · 1978
- United States v. DinitzSupreme Court of the United States · 1976
- United States v. Juan G. RiosCourt of Appeals for the Tenth Circuit · 1979
- Commonwealth v. PotterSupreme Court of Pennsylvania · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. McLainCourt of Appeals for the Eleventh Circuit · 1987
- United States v. Murdock Head, (Two Cases)Court of Appeals for the Fourth Circuit · 1983
- United States v. Mark Lewis SingerCourt of Appeals for the Eighth Circuit · 1986
- United States v. William Curtis, IIICourt of Appeals for the Third Circuit · 1982
- United States v. Jose Guadalupe Singleterry and Juan Antonio Singleterry, United States of America v. Juan Antonio SingleterryCourt of Appeals for the Fifth Circuit · 1982
22 more not listed; retrieve them via the Exa API.