Legal Opinion

Ross v. Petro

Court of Appeals for the Sixth Circuit

Decided January 25, 2008No. 05-4212, 05-4213PublishedCited by 39 opinions

1Opinion of the CourtMcKEAGUE, J., joined by Rogers, J.,

GUY, J. (pp. 671-73), delivered a separate dissenting opinion.

OPINION

McKEAGUE, Circuit Judge.

Following four weeks of trial on murder, kidnaping, rape and other charges, and during the second day of jury deliberations, the Ohio trial court declared a mistrial after receiving a note from the foreperson indicating the jury’s deliberations had been tainted by extraneous information. Prior to commencement of the second trial, however, the trial court, in the person of a replacement visiting judge, granted defendant Denny Ross’s motion to bar reprosecution on double jeopardy grounds, concluding…

2Cases cited11 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. United States v. JornSupreme Court of the United States · 1971
  3. Arizona v. WashingtonSupreme Court of the United States · 1978
  4. Carey v. MusladinSupreme Court of the United States · 2006
  5. United States v. Andre Lee Davis (97-5363), Eric Rogers (97-5364), L.G. Catlett (97-5365), Mario Duerson (97-5366), and Kenneth Green (97-5367)Court of Appeals for the Sixth Circuit · 1999

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3Cited by39 opinions

  1. Phillips v. Court of Common Pleas, Hamilton CountyCourt of Appeals for the Sixth Circuit · 2012
  2. Klein v. LeisCourt of Appeals for the Sixth Circuit · 2008
  3. Pierson, Leonard Jr.Court of Criminal Appeals of Texas · 2014
  4. State v. GallardoArizona Supreme Court · 2010
  5. State v. GunnellOhio Supreme Court · 2012

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

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