# Tommy McNeal v. William Hollowell, Superintendent, Mississippi State Penitentiary

> Court of Appeals for the Fifth Circuit · November 23, 1973 · 481 F.2d 1145

URL: https://www.frixlaw.com/law-library/cases/9459676

## Case

- **Full name:** Tommy McNEAL, Petitioner-Appellant, v. William HOLLOWELL, Superintendent, Mississippi State Penitentiary, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 23, 1973
- **Citations:** 481 F.2d 1145; 1973 U.S. App. LEXIS 6881
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Brown, Coleman, Dyer
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9459676

## How later opinions describe it (automated extraction)

- holding that a trial judge’s decision to grant State’s request for a mistrial in order to allow the State an opportunity to shore up weaknesses in its case against the defendant did not meet the manifest-necessity requirement
- holding double jeopardy 40 protections applied when government's case lacked proof after witness, who had participated in the crime, invoked his Fifth Amendment protection against self- incrimination without government seeking an agreement to secure testimony
- holding double jeopardy protections applied when government's case lacked proof after witness, who had participated in the crime, invoked his Fifth Amendment protection against self-incrimination without government seeking an agreement to secure testimony

## Opinion text

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is also denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459676. Public record. Not legal advice.