Legal Opinion
Rivera v. Firetog
New York Court of Appeals
Decided December 2, 2008PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this CPLR article 78 proceeding, petitioner seeks to bar respondents from retrying him for murder on double jeopardy grounds. Petitioner was previously charged with murder and lesser included manslaughter offenses but his trial on those charges ended with a mistrial based on jury deadlock. The issue here is whether the trial judge abused his discretion when he declared a mistrial without first asking the jury whether it had reached a partial verdict, as requested by defense counsel. Under the circumstances of this case, we hold the trial court did not abuse…
2Cases cited10 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Arizona v. WashingtonSupreme Court of the United States · 1978
- People v. BoettcherNew York Court of Appeals · 1987
- Plummer v. RothwaxNew York Court of Appeals · 1984
- Hall v. PotokerNew York Court of Appeals · 1980
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- People v. RiveraNew York Court of Appeals · 2014
- The People v. Pettis HardyNew York Court of Appeals · 2015
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2009
- Hoffler v. JaconAppellate Division of the Supreme Court of the State of New York · 2010
- Robar v. LaBudaAppellate Division of the Supreme Court of the State of New York · 2011
22 more not listed; retrieve them via the Exa API.