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· 2/23/1984

United States v. Harry Thomas (79-5271) and Anthony L. Romano (79-5175)

Citations

  • 728 F.2d 313
  • 1984 U.S. App. LEXIS 25215

How courts have described this case

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

  • “[P]rosecutorial behavior will bar 8 No. 10-3280 a second trial only where such behavior was ‘intentionally’ calculated to cause or invite mistrial.”
  • “To warrant a new trial ... prosecutorial misconduct ‘must be so pronounced and persistent that it permeates the entire atmosphere of the trial.’”
  • no double jeopardy bar to retrial where the Court's “review of the record leads us to conclude that none of the prosecutor's behavior here will pass the intentional- goading-into-mistrial test of Oregon”

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt, Jones, Weick

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.