Legal Opinion

Commonwealth Ex Rel. Walton v. Aytch

Supreme Court of Pennsylvania

Decided January 29, 1976No. 425, 459PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

EAGEN, Justice.

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Philadelphia granting a petition for a writ of habeas corpus.1 The petition was *174filed following the sua sponte declaration of a mistrial by the trial judge in Commonwealth v. Walton. The court granted the petition because it determined that any attempted retrial of George Walton, relator, would constitute a violation of his Fifth Amendment right against being put twice in jeopardy since the sua sponte declaration of a mistrial was not justified by the circumstances and events…

Also in this document: Concurrence.

2Cases cited10 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. PerezSupreme Court of the United States · 1824
  4. Wade v. HunterSupreme Court of the United States · 1949
  5. Illinois v. SomervilleSupreme Court of the United States · 1973

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

3Cited by37 opinions

  1. Commonwealth v. BoldenSupreme Court of Pennsylvania · 1977
  2. Commonwealth v. OrieSuperior Court of Pennsylvania · 2014
  3. Commonwealth v. BartolomucciSupreme Court of Pennsylvania · 1976
  4. Commonwealth v. DiehlSupreme Court of Pennsylvania · 1992
  5. Commonwealth v. KellySuperior Court of Pennsylvania · 2002

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

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