Legal Opinion
United States v. Fisher
Court of Appeals for the Fifth Circuit
Decided October 26, 2010No. 10-30424PublishedCited by 32 opinions
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
This appeal arises out of a mistrial that the district court declared sua sponte after two essential prosecution witnesses became unavailable to testify as scheduled. The record demonstrates that there was no manifest necessity for the mistrial. Accordingly, we REVERSE the district court’s denial of Fisher’s motion to dismiss the indictment on double-jeopardy grounds and we render a judgment of dismissal.
I
Fisher, along with other individuals, was indicted on narcotics charges, with their trial scheduled to begin on Monday, September 28, 2009. The trial was…
2Cases cited20 opinions
- Puckett v. United StatesSupreme Court of the United States · 2009
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Renico v. LettSupreme Court of the United States · 2010
- Downum v. United StatesSupreme Court of the United States · 1963
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3Cited by32 opinions
- United States v. Shukri BakerCourt of Appeals for the Fifth Circuit · 2011
- Broderick Seay, Jr. v. Al CannonCourt of Appeals for the Fourth Circuit · 2019
- Adrian Montgomery v. State of MississippiMississippi Supreme Court · 2018
- Ex Parte Rodriguez, Texas Court of Appeals, 7th District (Amarillo)2012
- Ex Parte John Ray Falk, Jr., Texas Court of Appeals, 10th District (Waco)2014
27 more not listed; retrieve them via the Exa API.