Legal Opinion

United States v. Egidio Cerilli, Ralph Buffone, Maylan Yackovich, John Shurina

Court of Appeals for the Third Circuit

Decided July 15, 1977No. 77-1200PublishedCited by 27 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This is an appeal primarily arising out of the declaration of a mistrial in a criminal proceeding. The defendants proffer three issues for our consideration: whether the issuance of a second indictment against the defendants violates the Double Jeopardy Clause; whether the prosecution engaged in misconduct which precludes the possibility of a fair trial; and whether a trial under the second indictment is barred by the statute of limitations. However, as a threshold matter, we must first decide whether this Court has jurisdiction, at the present time, to consider any of the…

3Cases cited10 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Abney v. United StatesSupreme Court of the United States · 1977
  3. United States v. DinitzSupreme Court of the United States · 1976
  4. Lee v. United StatesSupreme Court of the United States · 1977
  5. United States v. Frank RaganoCourt of Appeals for the Fifth Circuit · 1975

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4Cited by27 opinions

  1. United States v. Jack Moody Stricklin, Jr.Court of Appeals for the Fifth Circuit · 1979
  2. Babcock & Wilcox Co. v. MarshallCourt of Appeals for the Third Circuit · 1979
  3. United States v. John M. GrabinskiCourt of Appeals for the Eighth Circuit · 1982
  4. United States v. Albert FriedmanCourt of Appeals for the Third Circuit · 1981
  5. United States v. Abraham SrulowitzCourt of Appeals for the Second Circuit · 1987

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