Opinion

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

  • 481 F.2d 1145
  • 1973 U.S. App. LEXIS 6881
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 23, 1973
Status
Published
Author
Coleman
On the bench
Brown, Coleman, Dyer
Cited by
50 cases

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

How later courts described this case

  • 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

Written by the judges who cited it.

The opinion

COLEMAN, Circuit Judge

(dissenting) :

For the reasons enumerated in the dissent to the original panel opinion, I respectfully dissent to the denial of rehearing en banc.

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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