Legal Opinion

United States v. Clarence Christian Nelson

Court of Appeals for the Ninth Circuit

Decided October 12, 1983No. 83-3024PublishedCited by 146 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

This case presents us with three issues, the first two of which are novel: (1) Is reversal required where the venire from which a criminal defendant’s petit jury was composed included a juror not randomly selected for that panel? (2) Where guilty verdicts on all 13 counts of the indictment were accepted at defendant’s previous trial despite a nonunanimous jury poll as to three counts, does the double jeopardy clause bar retrial of all counts? (3) Should the trial judge at defendant’s original trial have recused himself from presiding over the retrial?

FACTS

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2Cases cited39 opinions

  1. Taylor v. LouisianaSupreme Court of the United States · 1975
  2. Withrow v. LarkinSupreme Court of the United States · 1975
  3. United States v. JornSupreme Court of the United States · 1971
  4. Arizona v. WashingtonSupreme Court of the United States · 1978
  5. Oregon v. KennedySupreme Court of the United States · 1982

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

3Cited by146 opinions

  1. United States v. Ruth StudleyCourt of Appeals for the Ninth Circuit · 1986
  2. Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990
  3. Raisa R. Mayes v. David A. Leipziger and Levy, Leipziger & NormintonCourt of Appeals for the Ninth Circuit · 1984
  4. Patricia L. Preston La Juan M. Mitchell Leonard Jamar Preston v. United StatesCourt of Appeals for the Ninth Circuit · 1991
  5. Jeffrey L. Clemens v. United States District Court for the Central District of California, United States of America, Real Party in InterestCourt of Appeals for the Ninth Circuit · 2005

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

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