Legal Opinion
State v. Derby
Supreme Judicial Court of Maine
Decided November 1, 1990PublishedCited by 10 opinions
1Opinion of the Court
CLIFFORD, Justice.
Harold Derby appeals his conviction of assault (Class D), 17-A M.R.S.A. § 207 (1983), following his second jury trial in Superior Court (Piscataquis County, Beau-lieu, J). Because the record does not support a finding that the jury in Derby’s first trial was genuinely deadlocked, there was no manifest necessity for the mistrial declared by the court. Derby lost his opportunity to obtain a favorable verdict from the first jury and his right to be free from double jeopardy. Accordingly, we vacate the judgment and remand for dismissal.
Derby was charged with the assault of a…
2Cases cited9 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
- State v. LinscottSupreme Judicial Court of Maine · 1980
- State v. FlickSupreme Judicial Court of Maine · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State of Maine v. Kenneth FrisbeeSupreme Judicial Court of Maine · 2016
- State v. CottonSupreme Judicial Court of Maine · 1996
- State v. LandrySupreme Judicial Court of Maine · 1991
- State of Maine v. Kenneth A. JandreauSupreme Judicial Court of Maine · 2017
- State v. LebrokeSupreme Judicial Court of Maine · 1991
5 more not listed; retrieve them via the Exa API.