Legal Opinion
United States v. Felipe Rivera, United States of America v. Homer Willis Kelly, United States of America v. Ludvig Danielson
Court of Appeals for the Third Circuit
Decided September 14, 2004No. 03-1658, 03-1659, 03-1660PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
SMITH, Circuit Judge.
This case involves the application of the Double Jeopardy Clause where a District Judge has sua sponte declared a mistrial over a defense objection. The defendants were indicted for violations of 21 U.S.C. §§ 841 and 846, and 18 U.S.C. § 2. Near the close of the Government’s case, a key witness injured his leg and was unable to appear in court as scheduled. Before the witness’s prognosis could be ascertained by counsel or the District Court, and over the objection of defendants, the District Judge declared a mistrial, ordered the matter rescheduled for…
2Cases cited33 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Townsend v. SainSupreme Court of the United States · 1963
- Green v. United StatesSupreme Court of the United States · 1957
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. JornSupreme Court of the United States · 1971
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3Cited by33 opinions
- Walck v. EdmondsonCourt of Appeals for the Tenth Circuit · 2007
- United States v. RigasCourt of Appeals for the Third Circuit · 2010
- Najawicz v. PeopleSupreme Court of The Virgin Islands · 2013
- United States v. FisherCourt of Appeals for the Fifth Circuit · 2010
- In Re TelfairDistrict Court, D. New Jersey · 2010
28 more not listed; retrieve them via the Exa API.