Introducing ATLASLearn more
Legal Opinion

United States v. Luis Castellanos

Court of Appeals for the Second Circuit

Decided May 4, 1973No. 680, Docket 72-2337PublishedCited by 39 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

This appeal presents a single substantive question — may a district court order the dismissal of an indictment on grounds of double jeopardy solely because two previous trials of an accused have resulted in deadlocked juries? Judge Dooling answered that question in the affirmative, and ordered the indictment against Luis Castellanos dismissed, 349 F.Supp. 720. For the reasons below, we reverse.

The relevant facts may be quickly stated. The underlying indictment al leges a conspiracy to sell cocaine. The main government witness at both trials was Horace D. Balmer,…

2Cases cited19 opinions

  1. United States v. MarionSupreme Court of the United States · 1971
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. United States v. JornSupreme Court of the United States · 1971
  4. United States v. PerezSupreme Court of the United States · 1824
  5. Wade v. HunterSupreme Court of the United States · 1949

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

3Cited by39 opinions

  1. United States v. Albert GoldsteinCourt of Appeals for the Second Circuit · 1973
  2. People v. SmithCalifornia Supreme Court · 1983
  3. United States of America, Appellant/cross-Appellee v. Lauree Flaa Brekke James Stanley Brekke, Appellees/cross-AppellantsCourt of Appeals for the Eighth Circuit · 1996
  4. Cornish v. StateCourt of Appeals of Maryland · 1974
  5. United States v. Homer Foye GunterCourt of Appeals for the Tenth Circuit · 1976

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API