Legal Opinion
People v. Paquette
New York Court of Appeals
Decided December 28, 1972PublishedCited by 10 opinions
1Opinion of the CourtBergan, J.
The mistrial granted on application of the People on November 28,1967 after the jury had been sworn, but before any witness had been called, did not preclude a subsequent trial because of double jeopardy, either within the New York rule or the Federal rule (Matter of Bland v. Supreme Ct., County of N. Y., 20 N Y 2d 552; Downum v. United States, 372 U. S. 734).
During the selection of the jury and before- it was sworn, the prosecutor became aware of some difficulty in locating two witnesses and asked the police to locate them. There was a long holiday adjournment from the time the jury was…
2Cases cited5 opinions
- United States v. JornSupreme Court of the United States · 1971
- Wade v. HunterSupreme Court of the United States · 1949
- Downum v. United StatesSupreme Court of the United States · 1963
- United States of America Ex Rel. Donald Somerville v. State of IllinoisCourt of Appeals for the Seventh Circuit · 1971
- Somerville v. IllinoisSupreme Court of the United States · 1971
3Cited by10 opinions
- Brown v. StateIndiana Court of Appeals · 1979
- People v. GentileAppellate Division of the Supreme Court of the State of New York · 1983
- Grant v. KreindlerAppellate Division of the Supreme Court of the State of New York · 1990
- People v. Gingello, New York County Courts1975
- People v. MergenthalerAppellate Division of the Supreme Court of the State of New York · 2004
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