Legal Opinion
United States v. Rethamae McKoy
Court of Appeals for the Third Circuit
Decided January 15, 1979No. 78-1428PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
LACEY, District Judge.
This appeal presents the issue whether retrial of the defendant appellant (McKoy), following termination of her original trial by mistrial declared by the district court over her objection, is violative of the Double Jeopardy Clause of the fifth amendment. McKoy appeals from denial below of her motion to dismiss the indictment on double jeopardy grounds. We reverse.
I
On October 5, 1977, and following a preliminary examination held on September 7, 1977, before a magistrate who found probable cause, Fed.R.Crim.P. 3, 5.1, McKoy was indicted in three…
2Cases cited13 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
8 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Torres v. StateCourt of Criminal Appeals of Texas · 1981
- Douglas v. United StatesDistrict of Columbia Court of Appeals · 1985
- Terry Lee Harris v. R. A. Young, WardenCourt of Appeals for the Fourth Circuit · 1979
- United States v. Victor Harvey SmithCourt of Appeals for the Ninth Circuit · 1980
- Harold Love v. Willis Morton, Administrator-Njsp Peter Verniero, Attorney GeneralCourt of Appeals for the Third Circuit · 1997
38 more not listed; retrieve them via the Exa API.