Legal Opinion
MATTER OF DAVIS v. Brown
New York Court of Appeals
Decided March 28, 1996PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPABICK, J.
Petitioner Arthur Davis commenced this CPLR article 78 proceeding in the nature of prohibition to bar, on double jeopardy grounds, his retrial for robbery in the second degree. Petitioner claims that his motion for a mistrial was specifically delimited a request for a mistrial with prejudice and that the court, by granting a mistrial without prejudice, granted the mistrial without his consent. Under the particular facts of this case, we agree and hold that double jeopardy bars petitioner’s retrial.
I
Before petitioner’s trial for robbery in the second degree,…
2Cases cited7 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- United States v. DinitzSupreme Court of the United States · 1976
- People v. FergusonNew York Court of Appeals · 1986
- Enright v. SiedleckiNew York Court of Appeals · 1983
- People v. CattenNew York Court of Appeals · 1987
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3Cited by53 opinions
- MATTER OF SUAREZ v. ByrneNew York Court of Appeals · 2008
- People v. Khuong Dinh PhamAppellate Division of the Supreme Court of the State of New York · 2006
- Gorghan v. DeAngelisNew York Court of Appeals · 2006
- Rubenfeld v. AppelmanAppellate Division of the Supreme Court of the State of New York · 1996
- People v. AbstonAppellate Division of the Supreme Court of the State of New York · 1996
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