United States v. Willie E. Sloan

Reversed by published opinion. Judge MOTZ wrote the majority opinion, in which Judge MICHAEL joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MOTZ, Circuit Judge:

The sole question presented here is whether the declaration of a mistrial was justified by “manifest necessity.” After five trial days in which twenty government witnesses and nine defense witnesses had testified, the district court, sua sponte and over the objection of appellant, Willie E. Sloan, declared a mistrial. The court concluded that because defense counsel had previously indicated Sloan would testify, Sloan’s…