Legal Opinion
United States v. Robyn Dipietro
Court of Appeals for the First Circuit
Decided June 13, 1991No. 90-1657PublishedCited by 64 opinions
1Opinion of the Court
JOHN R. BROWN, Senior Circuit Judge.
At issue here is whether the Double Jeopardy clause of the Constitution 1 bars retrial of a defendant where the court declared a mistrial sua sponte, without objection by the defense, because of serious prejudicial error by the government in the presence of the jury. We hold that it does not, and therefore we affirm.
Robyn DiPietro was charged in a one-count, compound indictment for credit card fraud, 18 U.S.C. § 1029(a)(2) (1988), 2 and aiding and abetting (in the commission of credit card fraud), 18 U.S.C. § 2(a) (1988).
The government presented evidence…
2Cases cited34 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Oregon v. KennedySupreme Court of the United States · 1982
29 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Putnam Resources v. Ronald M. Pateman, Ronald M. Pateman v. Frenkel & Company, Inc.Court of Appeals for the First Circuit · 1992
- United States v. Esperanza Aguilar-ArancetaCourt of Appeals for the First Circuit · 1992
- State v. TolliverSupreme Court of Missouri · 1992
- Harold Love v. Willis Morton, Administrator-Njsp Peter Verniero, Attorney GeneralCourt of Appeals for the Third Circuit · 1997
- United States v. Ortiz-ArrigoitiaCourt of Appeals for the First Circuit · 1993
59 more not listed; retrieve them via the Exa API.