Spencer v. State

How courts have described this case

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

• holding that a not guilty verdict by an unsworn jury did not bar retrial in the same charge because the jury was without authority to render a verdict and double jeopardy never attached
• holding that jeopardy did not attach in trial before unsworn jury, and defendant could be tried for all the same charges in the new trial, including those for which he was acquitted by the unsworn jury
• stating that failure to administer the oath to the jury renders the jury’s verdict a nullity
• \[T]he failure to administer [the] oath to the trial jury requires the setting aside of any conviction\
• “[T]he failure to administer [the] oath to the trial jury requires the setting aside of any conviction”
• retrial not barred by double jeopardy where defendant was first tried before an unsworn jury “regardless of the attempted trial and the pronouncements of the fatally infirm jury”

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• People v. Moon
  Illinois Supreme Court· 2022-04-07· cited 141×
• Harris v. State
  Court of Appeals of Maryland· 2008-09-11· cited 27×
• State v. Evans
  Supreme Court of Georgia· 2007-06-04· cited 22×
• Montgomery v. State
  Court of Special Appeals of Maryland· 2012-07-02· cited 19×
• People v. Allan
  Michigan Court of Appeals· 2013-01-10· cited 14×
• Tobias v. State
  Court of Appeals of Georgia· 2012-11-30· cited 12×
• Benton v. State
  Court of Appeals of Georgia· 2007-07-09· cited 9×
• Adams v. State
  Supreme Court of Georgia· 2010-02-08· cited 7×
• Bowman v. State
  Supreme Court of Georgia· 2023-02-21· cited 3×
• The State v. Desai
  Court of Appeals of Georgia· 2016-07-12· cited 1×
• People v. Toni Theresa Torrez
  Colorado Court of Appeals· 2024-02-08· cited 1×
• State v. Logan Adam Bowman
  Court of Appeals of Georgia· 2021-10-08
• State v. Embert
  Supreme Court of Georgia· 2025-06-10
• Nancy Tobias v. State
  Court of Appeals of Georgia· 2012-11-30

Cites

6 cases in this archive are cited by this case.

• Slaughter v. State
  Supreme Court of Georgia· 1897-03-03· cited 42×
• Alexander v. State
  Supreme Court of Georgia· 2005-10-03· cited 22×
• Teal v. State
  Court of Appeals of Georgia· 1992-03-04· cited 21×
• Grant v. State
  Supreme Court of Georgia· 2000-03-13· cited 14×
• Geckles v. State
  Court of Appeals of Georgia· 1985-11-12· cited 10×
• Keller v. State
  Court of Appeals of Georgia· 2003-06-19· cited 6×