Legal Opinion
State v. Rathbun
Oregon Supreme Court
Decided September 25, 1979No. TC C 77-06-07805, CA 10265, SC 26021PublishedCited by 29 opinions
1Opinion of the CourtLent, J.
The issue in this case is whether a mistrial resulting from a bailiff’s misconduct is a bar to retrial of the defendant. We find it is in the circumstances of this case.
The record discloses that trial of defendant on charges of first degree robbery (armed with a firearm) commenced on Tuesday, October 4,1977, and that the case was submitted to the jury at midday on Thursday, October 6. The jury was unable to agree by nighttime and was sequestered for the night under the charge of the bailiff. The bailiff took the jury to breakfast on the morning of Friday, October 7, and thereafter the jury…
2Cases cited20 opinions
- 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
- Wade v. HunterSupreme Court of the United States · 1949
- United States v. DinitzSupreme Court of the United States · 1976
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Oregon v. KennedySupreme Court of the United States · 1982
- State v. KennedyOregon Supreme Court · 1983
- State v. HopsonWashington Supreme Court · 1989
- State v. KennedyCourt of Appeals of Oregon · 1980
- State v. MooreOregon Supreme Court · 2017
24 more not listed; retrieve them via the Exa API.