· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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