Foster v. Day & Zimmermann, Inc.

How courts have described this case

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

• concluding that while the trial judge did not act “impetuously,” the fact that there was at least one alternative to the mistrial meant that it was not dictated by manifest necessity
• concluding that while the trial judge did not act “impetuously,” the fact that there was at least one alternative to the mistrial meant that it was not dictated by manifest necessity
• holding that the trial judge did not exercise “sound discretion”
• holding that the trial judge did not exercise \sound discretion\
• granting habeas petition based on violation of Double Jeopardy rights where defense counsel raised objections
• “[W]e cannot approve the declaration of a mistrial when the record does not indicate that the mistrial was manifestly necessary, in light of the relatively brief interruption in the trial . . . and the availability of another alternative to the mistrial declaration.”

Source: CourtListener parenthetical corpus (CC0).