Legal Opinion
United States v. James Charles Evers
Court of Appeals for the Fifth Circuit
Decided March 16, 1978No. 76-2788PublishedCited by 21 opinions
1Opinion of the Court
RONEY, Circuit Judge:
This is a double jeopardy case involving the declaration of a mistrial because of certain prejudicial, irrelevant testimony given by a Government witness during the trial. The district court’s declaration of a mistrial over defendant’s objection not being dictated by “manifest necessity,” we hold the defendant cannot be reprosecuted.
Prior to the start of a second trial, defendant moved for dismissal of the indictment for willful evasion of federal income taxes, 26 U.S.C.A. § 7201, on the ground that a trial would subject him to double jeopardy in violation of the fifth…
2Cases cited16 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. JornSupreme Court of the United States · 1971
- United States v. PerezSupreme Court of the United States · 1824
- Wade v. HunterSupreme Court of the United States · 1949
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Augustus Charles Bobo, Jimmy Hancock, Jimmy Bruce Rowan, and Robert W. KenningtonCourt of Appeals for the Fifth Circuit · 1979
- United States v. Edward StarlingCourt of Appeals for the Fifth Circuit · 1978
- United States v. Miguel Arnaldo Delgado, Deepak KumarCourt of Appeals for the Eleventh Circuit · 2003
- United States v. William George Dunbar, M.D.Court of Appeals for the Fifth Circuit · 1979
- United States v. Richard MastrangeloCourt of Appeals for the Second Circuit · 1981
16 more not listed; retrieve them via the Exa API.