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illinois Vs. Somerville
Cites for this judgment
- US Supreme Court
- Feb 27, 1973
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U.S. 458 (1973) U.S. Supreme Court Illinois v. SomervilleSearch
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U.S. 458 (1973) Illinois v. SomervilleSearch
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the Fifth Amendment, made applicable to the States through the Due Process Clause of the Fourteenth Amendment, Benton v. MarylandSearch
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Fourteenth Amendments. The Seventh Circuit affirmed the denial of habeas corpus prior to our decision in United States v. JornSearch
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s petition for certiorari was granted, and the case remanded for reconsideration in light of Jorn and Downum v. UnitedSearch
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for habeas corpus should have been granted because, although he had not been tried and acquitted as in United States v. BallSearch
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U. S. 662 (1896), and Benton v. MarylandSearch
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Double Jeopardy Clause in the context of a declaration of a mistrial over a defendant's objection is United States v. PerezSearch
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reserved to the trial judge in such circumstances has been consistently reiterated in decisions of this Court. In Wade v. HunterSearch
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Id. at 336 U. S. 691 . Similarly, in Gori v. UnitedSearch
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supra, at 336 U. S. 689 , has not been disregarded by this Court. In United States v. PerezSearch
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supra, and Logan v. UnitedSearch
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of juries unable to reach verdicts, and, therefore, the Double Jeopardy Clause did not bar retrial. Cf. Keerl v. MontanaSearch
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U. S. 71 (1902). In Simmons v. UnitedSearch
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Id. at 142 U. S. 154 . In Thompson v. UnitedSearch
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jurors was disqualified, he having been a member of the grand jury that indicted the defendant. Similarly, in Lovato v. NewSearch
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While virtually all of the cases turn on the particular facts, and thus escape meaningful categorization, see Gori v. UnitedSearch
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policy enunciated in United States v. PerezSearch
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automatically be stripped of that success by an appellate court. This was substantially the situation in both Thompson v. UnitedSearch
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States, supra, and Lovato v. NewSearch
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that would lend itself to prosecutorial manipulation would involve an entirely different question, cf. Downum v. UnitedSearch
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States, supra, such was not the situation in the above cases or in the instant case. In Downum v. UnitedSearch
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the declaration of a mistrial. In United States v. JornSearch
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into account, there was a manifest necessity for the sua sponte declaration of this mistrial. United States v. PerezSearch
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that the Double Jeopardy Clause precluded the second trial in the instant case. The first is that, since United States v. BallSearch
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obtained even though the indictment upon which the defendant was first acquitted had been defective, and since Downum v. UnitedSearch
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that resulted in respondent's conviction. Alternatively, respondent argues that our decision in United States v. JornSearch
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supra, at 400 U. S. 484 , quoting Wade v. HunterSearch
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not applicable to the instant case, because it overlooks a crucial element of the Court's reasoning in United States v. BallSearch
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was fatally deficient in failing to allege that the victim died within a year and a day of the assault. Ball v. UnitedSearch
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the trial judge's declaration of a mistrial was not an abuse of discretion. Since this Court's decision in Benton v. MarylandSearch
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an individual State followed by a retrial under a proper indictment. Duncan v. TennesseeSearch
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The Court's opinion in Jorn is replete with approving references to Wade v. HunterSearch
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of the defendant in having his fate determined by the jury first impaneled is itself a weighty one. United States v. JornSearch
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in proceeding to verdict is outweighed by the competing and equally legitimate demand for public justice. Wade v. HunterSearch
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of the Double Jeopardy Clause, jeopardy attaches when a criminal trial commences before judge or jury, United States v. JornSearch
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Green v. UnitedSearch
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and this point has arrived when a jury has been selected and sworn, even though no evidence has been taken. Downum v. UnitedSearch
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jeopardy at his first trial despite the fact that the indictment against him was defective under Illinois law. Benton v. MarylandSearch
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addressed itself to the general problem of mistrials and the Double Jeopardy Clause, most recently in United States v. JornSearch
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abjured mechanical, per se rules and have preferred to rely upon the approach first announced in United States v. PerezSearch
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Id. at 22 U. S. 580 . See also United States v. JornSearch
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U.S. Supreme Court Illinois v. SomervilleSearch
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the Due Process Clause of the Fourteenth Amendment, Benton v. MarylandSearch
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of Jorn and Downum v. UnitedSearch
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