Legal Opinion
Abdi v. State
Supreme Court of Georgia
Decided September 9, 1982No. 38727PublishedCited by 35 opinions
1Opinion of the Court
Marshall, Justice.
The question for decision in this case is whether the double-jeopardy clause permits retrial of the appellant on criminal charges following the trial judge’s sua sponte declaration of a mistrial at the appellant’s first trial.
The superior court sustained the appellant’s double-jeopardy plea, but the Court of Appeals reversed. State v. Abdi, 162 Ga. App. 20 (288 SE2d 772) (1982). We granted certiorari. Upon consideration, we do find that under certain circumstances a criminal defendant can not be retried following the declaration of a mistrial without his consent. See…
2Cases cited7 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Downum v. United StatesSupreme Court of the United States · 1963
- Gori v. United StatesSupreme Court of the United States · 1961
- Simmons v. United StatesSupreme Court of the United States · 1891
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3Cited by35 opinions
- Smith v. StateSupreme Court of Georgia · 1994
- Aman Abdi v. The State of Georgia, by Its Agents and OfficersCourt of Appeals for the Eleventh Circuit · 1984
- Fugitt v. StateSupreme Court of Georgia · 1984
- Dotson v. StateCourt of Appeals of Georgia · 1994
- State v. CrutchfieldCourt of Appeals of Maryland · 1989
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