Legal Opinion
United States Ex Rel. Joseph Russo v. Superior Court of New Jersey, Law Division, Passaic County
Court of Appeals for the Third Circuit
Decided November 12, 1973No. 72-2154PublishedCited by 102 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge:
This is an appeal from the denial of a writ of habeas corpus by the district court. Appellant Joseph Russo has been accused of committing first degree murder. His first trial ended in a mistrial over his objection. 1 He contends that for the state to retry him would violate the Fifth Amendment’s prohibition against double jeopardy.
After his mistrial, appellant moved for a dismissal of the indictments against him. His motion was denied by the trial court. Leave to file an interlocutory appeal was denied by the Appellate Division of the New…
2Cases cited23 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. JornSupreme Court of the United States · 1971
- United States v. PerezSupreme Court of the United States · 1824
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3Cited by102 opinions
- Albert Moore v. John Deyoung, Warden, Passaic County Jail, and Frank Davenport, SheriffCourt of Appeals for the Third Circuit · 1975
- Commonwealth v. BoldenSupreme Court of Pennsylvania · 1977
- Commonwealth v. RobsonSupreme Court of Pennsylvania · 1975
- Scott Lee Tinsley v. George Million, WardenCourt of Appeals for the Sixth Circuit · 2005
- Samuel Delk v. Frank D. AtkinsonCourt of Appeals for the Sixth Circuit · 1981
97 more not listed; retrieve them via the Exa API.