United States v. Razmilovic

KATZMANN, Circuit Judge:

The decision by a district court to declare a mistrial is of great consequence.

The case at hand calls on us to review such a ruling, to determine whether it was an abuse of discretion for a trial court to decide that a single jury note indicating deadlock created a “manifest necessity” to declare a mistrial. On the record before us, we conclude that it was. We therefore hold that retrial of defendants-appellants Michael DeGennaro (“DeGennaro”) and Frank Borghese (“Borghese”) would violate the Double Jeopardy Clause of the Fifth Amendment. We also must decide whether…