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· 10/1/1979

Brown v. Merola

Citations

  • 444 U.S. 863
  • 62 L. Ed. 2d 85
  • 100 S. Ct. 131
  • 1979 U.S. LEXIS 2999

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that defense counsel’s failure to object to mistrial, and his discussion of defendant’s retrial, amounted to implied consent to court’s sua sponte declaration of mistrial
  • finding consent where, after the judge declared a mistrial but before he dismissed the jury, the judge and attorneys held a discussion in which retrial was anticipated and no objections were made to the mistrial
  • “Defense counsel did not object to the order of mistrial, despite adequate opportunity to do so.”
  • “as a general rule the unavailability of an irreplaceable juror makes a mistrial manifestly necessary”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.