This, I think, is a very important practical point, which also goes to the jurisdiction of the court. Exactly right, exactly right, so you couldn’t (Inaudible)?
Wade v. Hunter, supra.
... was "no longer the case that Nicaragua is unable,.
547, 27 L.Ed.2d 543 (1971).
And we suggest here that the error would not have been held so serious if the prosecution had not proceeded to trial on this bad indictment. See, e.g., 400 U.S., at 479, 484—486, 91 S.Ct., at 554, 556—557.
In so doing, we recount the district ... ...315.
The question remains, however, whether the facts of this case present one of those circumstances where a trial, once begun, may be aborted over the defendant's objection and the defendant retried without twice being placed in jeopardy contrary to the Constitution. 89 v. Department of Education, Zenith Radio Corporation v. United States, GET YOUR CUSTOM ESSAY
There is nothing in this — in the course of the proceedings, insofar as they transpire up to the point where the mistrial was declared, that would indicate that the State was at a disadvantage.
People ex rel.
Here, the prosecutorial error, not the independent operation of a state procedural rule, necessitated the mistrial. At the same time, the balance that the majority strikes essentially ignores the importance of a factor which was determinative in Jorn and Downum: the accused's interest in his 'valued right to have his trial completed by a particular tribunal,' Wade v. Hunter, 336 U.S. 684, 689, 69 S.Ct. Henry v. Mississippi, 379 U.S. 443, 85 S.Ct. In Wade v. Hunter, 336 U.S. 684, 69 S.Ct. 196... MISSOURI V. FRYE 132 S.Ct. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
974 (1949), the Court, in reaffirming this flexible standard, wrote: 'We are asked to adopt the Cornero (v. United States, 48 F.2d 69) rule under which petitioner contends the absence of witnesses can never justify discontinuance of a trial.
... obvious procedural error in the trial." Now I ask Your Honors, what would you say if I were here today on behalf of the same defendant and he had objected, let’s say he had raised the point and the trial have been terminated on the defendant’s motion and then a valid indictment was obtained and he interposed the defense of double jeopardy? Isn’t that putting him in the horns of dilemma though in order to exercise his right to challenge the propriety of his conviction, he has to forgo his double jeopardy, right?
38 . The majority recognizes that 'the interest of the defendant in having his fate determined by the jury first impaneled is itself a weighty one,' but finds that interest outweighed by the State's desire to avoid 'conducting a second trial after verdict and reversal on appeal (on the basis of a defective indictment), thus wasting time, energy, and money for all concerned.'
Mr. Justice WHITE, with whom Mr. Justice DOUGLAS and Mr. Justice BRENNAN join, dissenting. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year).
mistrial was granted. Three men, Garrick, Donnellon and ...376. Wade v. Hunter, 336 U.S. 684, 69 S.Ct. Such a defect could not be cured by amendment. The Court held that the lack of apparent harm to the defendant from the declaration of a mistrial did not itself justify the mistrial, and concluded that there was no 'manifest necessity' for the mistrial, as opposed to loss drastic alternatives. 40813. Now the state argues that once it comes to his attention, this somehow deprives the judge of a power to continue the trial when in the first instance, the judge didn’t have any power to continue the trial.
There are two — at least two purposes of the indictment are to enable the accused to prepare a defense and of course, to plead for jeopardy.
And even if I could understand that, I cannot understand how negligence in failing to draw an adequate indictment is different from negligence in failing to assure the presence of a crucial witness.1.
If a conviction take place, whether an indictment be good, or otherwise, it is ten to one that judgment passes; for, if he read the bill, it is not probable he will have penetration enough to discern its defects. 1033, 10 L.Ed.2d 100 (1963), is an even harder case for the majority, which succeeds in distinguishing it only by misrepresenting the facts of the case. You could not but we — the acquittal, I think, interjects a different element into the case, and that goes back to the — I think, the inception of the rule, which is the principle of autrefois acquit of — what we consider here is the fact that all that the law is concerned about, or concerned with, as a resolution of the issues of the case, the merits of the case. We are talking about the interest of society in punishing the guilty, assuming that that’s a legitimate interest and we are talking about the interest of the defendant in being tried in a single prosecution.
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