Carter v. United States

ROGERS, Associate Judge:

Appellant appeals from the denial of a motion to dismiss on the grounds of double jeopardy. 1 During trial, the prosecutor and codefendant moved for a mistrial which was granted. Appellant contends that his retrial, scheduled for July 15, 1985, is barred because the trial judge failed to make a sufficient inquiry to determine if a mistrial was a manifest necessity or to consider alternatives. He also contends the trial judge’s failure to voir dire the jury prior to declaring a mistrial violated appellant’s right to procedural due process. We affirm. 2

I

Appellant and a…