Legal Opinion
United States v. Nathan George Dinitz
Court of Appeals for the Fifth Circuit
Decided June 10, 1974No. 73-2109PublishedCited by 33 opinions
1Opinion of the Court
CLARK, Circuit Judge:
I
Nathan George Dinitz was convicted of violating 21 U.S.C. § 846 by conspiring to distribute a schedule I controlled substance (LSD) and of violating 21 U.S.C. § 841(a)(1) by distributing LSD. Dinitz’s first trial ended in a mistrial. He contends that retrying him violated his fifth amendment rights against double jeopardy. Because we agree that the retrial constituted double jeopardy, we do not reach any of the other arguments Dinitz advances.
Like almost all mistrial-double jeopardy cases this one turns on the facts of its particular procedural context. Illinois v.…
2Cases cited17 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- United States v. JornSupreme Court of the United States · 1971
- United States v. PerezSupreme Court of the United States · 1824
- United States v. BallSupreme Court of the United States · 1896
- Illinois v. SomervilleSupreme Court of the United States · 1973
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. DinitzSupreme Court of the United States · 1976
- United States v. Nathan George DinitzCourt of Appeals for the Fifth Circuit · 1976
- United States v. Augustus Charles Bobo, Jimmy Hancock, Jimmy Bruce Rowan, and Robert W. KenningtonCourt of Appeals for the Fifth Circuit · 1979
- Commonwealth v. PotterSupreme Court of Pennsylvania · 1978
- United States v. Joseph D. Beasley, M.D., United States of America v. Oscar E. Kramer, Jr.Court of Appeals for the Fifth Circuit · 1977
28 more not listed; retrieve them via the Exa API.