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· 2/23/1993

United States v. Scott Dunbar Shafer

Citations

  • 987 F.2d 1054
  • 1993 U.S. App. LEXIS 2984
  • 1993 WL 45194

How courts have described this case

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

  • holding that an abuse of discretion occurs if the trial judge fails to fully consider all alternatives, including a continuance, before declaring a mistrial
  • noting that in determining whether a mistrial was required by manifest necessity, the question of “whether less drastic alternatives were available” is “critical” (citing Harris v. Young, 607 F.2d 1081, 1085 n.4 (4th Cir. 1979
  • “In order to determine if the mistrial was required by manifest necessity, the critical inquiry is whether less drastic alterna- tives were available.”
  • “[The government’s] self- UNITED STATES V. BUNDY 49 inflicted injury cannot be used to afford the government a second chance to prosecute so that it may argue a recast theory of the case better supported by the evidence.”
  • “[The government’s] self- UNITED STATES V. BUNDY 49 inflicted injury cannot be used to afford the government a second chance to prosecute so that it may argue a recast theory of the case better supported by the evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Russell, Hall, Williams

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.