Legal Opinion

Commonwealth v. Mitchell

Supreme Court of Pennsylvania

Decided February 1, 1980No. 650PublishedCited by 43 opinions

1Opinion of the Court

OPINION

EAGEN, Chief Justice.

Appellant, Widmark Mitchell, was brought to trial in the Court of Common Pleas of Philadelphia on June 6, 1977, for the murder of James Fulton. After the jury was empaneled and sworn, a mistrial was ordered on Mitchell’s motion. Thereafter, he moved to dismiss the indictment, claiming that a second prosecution would violate his constitutional right not to be placed twice in jeopardy. The motion was denied, and Mitchell appealed to this Court.1

Appellant contends his request for a mistrial was necessitated by conduct of the prosecutor specifically intended to cause a…

2Cases cited18 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. United States v. JornSupreme Court of the United States · 1971
  3. United States v. DinitzSupreme Court of the United States · 1976
  4. Illinois v. SomervilleSupreme Court of the United States · 1973
  5. Downum v. United StatesSupreme Court of the United States · 1963

13 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Commonwealth v. OrieSuperior Court of Pennsylvania · 2014
  2. Commonwealth v. BradySupreme Court of Pennsylvania · 1986
  3. Commonwealth v. BoernerSuperior Court of Pennsylvania · 1980
  4. Commonwealth v. DiehlSupreme Court of Pennsylvania · 1992
  5. Commonwealth v. ButlerSupreme Court of Pennsylvania · 1991

38 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API