"In order to determine if the mistrial was required by manifest necessity, the critical inquiry is whether less drastic alternatives were available."
How later courts described this case
- "In order to determine if the mistrial was required by manifest necessity, the critical inquiry is whether less drastic alternatives were available."
- “Although not necessarily determinative, the failure to consider alternatives does indicate an inadequate concern for the severe consequences of ordering a mistrial without the accused’s consent”
- allegations that blacks continuously assigned to less desirable department to maintain its racial composition are cognizable under Title VII
- District Court loses jurisdiction to amend or vacate Order granting injunctive relief after Notice of Appeal has been filed
Written by the judges who cited it.
The opinion
C. A. 5th Cir. Certiorari denied.
Mr. Justice Brennan and Mr. Justice Marshall would grant certiorari.