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· 9/14/2004

United States v. Felipe Rivera, United States of America v. Homer Willis Kelly, United States of America v. Ludvig Danielson

Citations

  • 384 F.3d 49
  • 2004 U.S. App. LEXIS 19249
  • 2004 WL 2035179

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 trial court “must exercise prudence and care, giving due consideration to reasonably available alternatives to the drastic measure of a mistrial”
  • noting that “[w]here a District Court sua sponte declares a mistrial in haste, without carefully considering alternatives available to it, it cannot be said to be acting under a manifest necessity”
  • emphasizing importance of “considering] ... the constitutional implications attendant to the declaration of a mistrial”
  • reviewing whether the trial court failed to consider reasonable alternatives to a mistrial even where the government opposed the mistrial
  • “Critically, a mistrial must not be declared without prudent consideration of reasonable alternatives.”
  • “Critically, a mistrial must not be declared without prudent consideration of reasonable alternatives.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barry, Ambro, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.