Opinion

Meltzer v. Board of Public Instruction of Orange County

  • 439 U.S. 1089
  • 99 S. Ct. 872
  • 59 L. Ed. 2d 56
  • 1979 U.S. LEXIS 431
Court
Supreme Court of the United States
Filed
Jan 8, 1979
Status
Published
On the bench
Brennan, Certiorari
Cited by
106 cases
Authority
More cited than 97.5%

"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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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