Legal Opinion

United States v. Thomas Edward Sisk, Charles Benson, Jr., Charles Frederick "Fred" Taylor, and William Aubrey Thompson

Court of Appeals for the Sixth Circuit

Decided October 7, 1980No. 79-5369PublishedCited by 20 opinions

1Opinion of the Court

JOHN W. PECK, Senior Circuit Judge.

This case comes before us as the last link in an improbable chain of events. Two questions are presented: first, whether there was “manifest necessity” for the district court’s sua sponte declaration of a mistrial, so that retrial of appellants was not barred by the Double Jeopardy Clause of the Fifth Amendment; second, whether a government entity can be an “enterprise” within the scope of the “Racketeer Influenced and Corrupt Organizations” [“RICO”] chapter of the Organized Crime Control Act. 1 We hold that the facts of this case demonstrate the “manifest…

2Cases cited19 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Abney v. United StatesSupreme Court of the United States · 1977
  3. United States v. JornSupreme Court of the United States · 1971
  4. Arizona v. WashingtonSupreme Court of the United States · 1978
  5. United States v. PerezSupreme Court of the United States · 1824

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

3Cited by20 opinions

  1. United States v. HowardCourt of Appeals for the Sixth Circuit · 1985
  2. United States v. Wilfredo Cejas, Jr.Court of Appeals for the Ninth Circuit · 1987
  3. United States v. BilskyCourt of Appeals for the Sixth Circuit · 1981
  4. United States v. Timothy A. Gayles, Also Known as Timothy Moore, Also Known as Charles Lee MooreCourt of Appeals for the Eighth Circuit · 1993
  5. Elhannon Jones, Jr. v. F. Byrd Hogg, Special Judge, Perry Circuit Court, Hazard, KentuckyCourt of Appeals for the Sixth Circuit · 1984

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

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