Harold Love v. Willis Morton, Administrator-Njsp Peter Verniero, Attorney General

How courts have described this case

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

• holding mistrial was improper where counsel did not have meaningful opportunity to object
• permitting retrial “if a defendant. . . waives the right to assert double jeopardy” by moving for a mistrial
• allowing retrial of a defendant who “consents. . ., or when there is manifest necessity to terminate the first trial.”
• “declaring a mistrial in this case was not manifestly necessary when the decision to declare a mistrial vel non could have been postponed to the next morning”
• finding the petitioner did not \fail to develop\ the factual basis of his double jeopardy claim in state court because the abrupt entry of a mistrial by the court prevented the development of a record at the time
• rejecting a finding of implied consent where the trial judge, in a state of grief after learning of a death in his family, abruptly ordered a mistrial and left the bench

Source: CourtListener parenthetical corpus (CC0).