[Download] "United States v. Gordy" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Gordy
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 29, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
CLARK, Circuit Judge: The issue of double jeopardy raised by this appeal turns on the propriety of a pre-verdict discharge of the jury which first tried defendant. At his second trial, defendant was convicted by a jury of possession with intent to distribute approximately 2,296 pounds of marijuana. 21 U.S.C. § 841(a)(1). Far from depicting indifference to the defendant's right to the first jury's verdict, the record shows a ""harried"" trial judge attempting to carry the weight of a crowded docket which had been aggravated by the demands of a speedy trial plan and the sudden death of his fellow judge. However, because the determination of manifest necessity for a mistrial depends upon the state of the jury rather than the state of the judge or the court's docket, we reverse the conviction.