(Download) "Richardson v. United States" by Supreme Court of the United States * eBook PDF Kindle ePub Free
eBook details
- Title: Richardson v. United States
- Author : Supreme Court of the United States
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
The jury trying petitioner acquitted him of one of several counts, but was unable to agree as to the others. The District Court declared a mistrial as to these counts of the indictment and set them down for retrial. Petitioner moved to bar his retrial, claiming that a second trial would violate the Double Jeopardy Clause of the Fifth Amendment because evidence sufficient to convict on the remaining counts had not been presented by the Government at the first trial. The District Court denied this motion, and the Court of Appeals dismissed petitioners appeal from that ruling for lack of jurisdiction under 28 U. S. C. § 1291. We now reverse that jurisdictional determination and proceed to address the merits of petitioners double jeopardy claim. We find the claim unavailing, since it lacks its necessary predicate, there having been no termination of original jeopardy.
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