Legal Opinion

State v. Linscott

Supreme Judicial Court of Maine

Decided July 1, 1980PublishedCited by 34 opinions

1Opinion of the Court

GLASSMAN, Justice.

The defendant, Kenneth Linscott, appeals from a judgment of the Superior Court, Knox County, following a jury trial, adjudging him guilty of arson, 17-A M.R.S.A. § 802. The primary issue raised on this appeal is whether, by reason of two prior trials ending in mistrials, the defendant has been twice in jeopardy in violation of the double-jeopardy clauses of the Maine and United States Constitutions. We vacate the judgment of conviction.

On October 17, 1977, the defendant was indicted for arson for the burning of a barn in Thomaston, Maine. On May 2, 1978, a jury was drawn,…

2Cases cited20 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Green v. United StatesSupreme Court of the United States · 1957
  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

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

3Cited by34 opinions

  1. State v. MahaneySupreme Judicial Court of Maine · 1981
  2. State v. FlickSupreme Judicial Court of Maine · 1985
  3. State v. FredetteSupreme Judicial Court of Maine · 1983
  4. State v. HebertSupreme Judicial Court of Maine · 1982
  5. State v. HendersonSupreme Judicial Court of Maine · 1981

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

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