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Lee Vs. United States
Cites for this judgment
- US Supreme Court
- Jun 13, 1977
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Lee v. UnitedSearch
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States - 432 U.S. 23 (1977) U.S. Supreme Court Lee v. UnitedSearch
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States, 432 U.S. 23 (1977) Lee v. UnitedSearch
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indistinguishable from a declaration of mistrial, which contemplates reprosecution of the defendant, see United States v. JornSearch
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governing the permissibility of retrial after a declaration of mistrial fully apply in this case. United States v. JenkinsSearch
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Clause will not bar reprosecution absent provocative or bad-faith conduct by the judge or prosecutor. United States v. DinitzSearch
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lack of any allegation of knowledge or intent in the information. Referring the court to the Indiana case of Miller v. StateSearch
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has the better of the argument on both points under the principles explained in our decision in United States v. DinitzSearch
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Brief any citation in this list with AI Studio
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We too begin with this premise, although we think it requires qualification in light of United States v. JenkinsSearch
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the offense charged. A mistrial ruling invariably rests on grounds consistent with reprosecution, see United States v. JornSearch
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trial in this case, it did not act sua sponte but in response to a motion by defense counsel. In United States v. DinitzSearch
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U.S. at 424 U. S. 607 , quoting United States v. JornSearch
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desire 'to go to the first jury and, perhaps, end the dispute then and there with an acquittal.' United States v. JornSearch
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imposed by multiple prosecutions. It bars retrials where 'bad-faith conduct by judge or prosecutor,' United States v. JornSearch
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the defendant. Downum v. UnitedSearch
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As this was a bench trial, jeopardy did not attach until the court began to hear evidence. Serfass v. UnitedSearch
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In United States v. WilsonSearch
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United States v. MartinSearch
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In Illinois v. SomervilleSearch
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under the standard first articulated in United States v. PerezSearch
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of petitioner's further claim that his retrial violated the Due Process Clause of the Fifth Amendment. Cf. Palko v. ConnecticutSearch
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and the trial judge is obligated to take reasonable action in protection of this right, United States v. JornSearch
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of a needless trial, Green v. UnitedSearch
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the right of presenting its case to the first factfinder in order to attain a beneficial legal ruling. United States v. DinitzSearch
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clamor and heat of trial. MR. JUSTICE REHNQUIST, concurring. When, two Terms ago, the Court decided Jenkins v. UnitedSearch
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States, 420 U. S. 358 (1975), and United States v. WilsonSearch
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the defendant could not be reprosecuted, but if the dismissal came later, he could. I had thought that United States v. PerezSearch
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Wheat. 579 (1824), and Illinois v. SomervilleSearch
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analysis was circumvented, however, by the Court's decision in United States v. MartinSearch
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of the Double Jeopardy Clause of the Bill of Rights. Since my assumptions did not, at any rate, survive United States v. MartinSearch
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U.S. Supreme Court Lee v. UnitedSearch
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of Miller v. StateSearch
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of United States v. JenkinsSearch
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In United States v. DinitzSearch
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Downum v. UnitedSearch
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Serfass v. UnitedSearch
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the Due Process Clause of the Fifth Amendment. Cf. Palko v. ConnecticutSearch
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Green v. UnitedSearch
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Jenkins v. UnitedSearch
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and United States v. WilsonSearch
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and Illinois v. SomervilleSearch
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