Legal Opinion

Pennington v. United States

District of Columbia Court of Appeals

Decided December 30, 1983No. 83-859PublishedCited by 5 opinions

1Opinion of the Court

NEBEKER, Associate Judge:

This appeal was taken from the denial by the trial court of defendant-appellant Pennington’s motion to dismiss his indictment on double jeopardy grounds. The United States has now moved for summary affirmance. In his motion to dismiss, Pennington asserted that he was entitled, under Oregon v. Kennedy, 456 U.S. 667, 102 S.Ct. 2083, 72 L.Ed.2d 416 (1982), to dismissal because the government intentionally caused his first trial to end in a mistrial. Because there is ample evidence in the record to support the trial judge’s finding that the government did not, in fact,…

2Cases cited7 opinions

  1. Abney v. United StatesSupreme Court of the United States · 1977
  2. Oregon v. KennedySupreme Court of the United States · 1982
  3. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  4. Edmund J. Flynn Co. v. LaVayDistrict of Columbia Court of Appeals · 1981
  5. Gant v. United StatesDistrict of Columbia Court of Appeals · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Gant v. United StatesDistrict of Columbia Court of Appeals · 1986
  2. Coreas v. United StatesDistrict of Columbia Court of Appeals · 1991
  3. Cheatle v. CheatleDistrict of Columbia Court of Appeals · 1995
  4. Fletcher v. United StatesDistrict of Columbia Court of Appeals · 1990
  5. Gant v. United StatesDistrict of Columbia Court of Appeals · 1986

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