Holmes v. McDonough

How courts have described this case

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

• holding that manifest necessity requires an element of surprise, and therefore, when the trial judge had knowledge of the conflict prior to jeopardy attaching, such information cannot later be the basis of a mistrial
• no manifest necessity where conflict had been disclosed to the court and the prosecutor before the jury was sworn
• Manifest necessity “requires an element of surprise; that is, the reason for the declaration of a mistrial arises or be comes known to the court only after the jury has been sworn and jeopardy has attached.”

Source: CourtListener parenthetical corpus (CC0).