Legal Opinion
Burleson v. State
Supreme Court of Georgia
Decided October 25, 1989No. 46790PublishedCited by 21 opinions
1Opinion of the Court
Hunt, Justice.
The trial court ordered a mistrial when one of the jurors stated, during deliberations, she was conscientiously opposed to participating in any verdict. Before retrial, the defendant filed his plea of former jeopardy, which the trial court denied. He appeals.
A prosecution is barred if the accused was formerly prosecuted for the same crime based upon the same material facts, if such former prosecution . . . [w]as terminated improperly after the jury was impaneled and sworn . . . but before findings were rendered by the trier of facts.
OCGA § 16-1-18 (a) (2). Accord U. S. Const.,…
2Cases cited7 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Spaulding v. StateSupreme Court of Georgia · 1974
- Cobb v. StateSupreme Court of Georgia · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Laster v. StateSupreme Court of Georgia · 1997
- Tubbs v. StateSupreme Court of Georgia · 2003
- Grace v. StateCourt of Appeals of Georgia · 1993
- Cooke v. StateCourt of Appeals of Georgia · 1998
- Pleas v. StateSupreme Court of Georgia · 1998
16 more not listed; retrieve them via the Exa API.