Legal Opinion

State v. Landry

Supreme Judicial Court of Maine

Decided December 3, 1991PublishedCited by 7 opinions

1Opinion of the Court

WATHEN, Justice.

Defendant Dalmon Landry appeals his conviction for criminal threatening with a dangerous weapon and tampering with a witness on the ground of double jeopardy.1 We conclude that the Superior Court’s finding of a manifest necessity for the declaration of a mistrial is unsupported in the record, and we vacate the convictions.

In 1989, defendant was indicted for criminal threatening with a dangerous weapon (17-A M.R.S.A. § 209 (1983)) and witness tampering (17-A M.R.S.A. § 454 (1983)). The two charges were consolidated for trial with a charge of assault. At the end of a two-day…

2Cases cited6 opinions

  1. United States v. PerezSupreme Court of the United States · 1824
  2. State v. LinscottSupreme Judicial Court of Maine · 1980
  3. State v. FlickSupreme Judicial Court of Maine · 1985
  4. State v. SanbornSupreme Judicial Court of Maine · 1961
  5. State v. FrielSupreme Judicial Court of Maine · 1985

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

3Cited by7 opinions

  1. Green v. Commissioner of Mental Health & Mental RetardationSupreme Judicial Court of Maine · 2000
  2. State of Maine v. Randall DaluzSupreme Judicial Court of Maine · 2016
  3. State v. GantnierSupreme Judicial Court of Maine · 2008
  4. State v. NielsenSupreme Judicial Court of Maine · 2000
  5. State v. TorrieSupreme Judicial Court of Maine · 2002

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

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