Lafon's Executors v. Riviere

How courts have described this case

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

• stating that “a defendant has a difficult burden to overcome in establishing that the issue was actually decided in the first proceeding”
• noting that “Maryland Rule 4-327(d) does not provide whether it is in the court’s discretion to refuse to take a partial verdict when the jury announces that it has reached a partial verdict,” but declining to consider the issue
• “The double jeopardy prohibition against retrial for the same offense attaches in a jury trial when the jury is empaneled and sworn”
• “The Fifth Amendment’s double jeopardy bar is applicable to the states through the Fourteenth Amendment”
• “Thus, after jeopardy attaches, retrial is barred if a mistrial is declared without the defendant’s consent unless there is a showing of ‘manifest necessity’ to declare the mistrial.”
• “Because an entry of a nolle prosequi on a lesser included offense after jeopardy has attached is only an acquittal on that count for double jeopardy purposes ... the continuation of the trial on the greater offense is permissible.”

Source: CourtListener parenthetical corpus (CC0).