United States v. Robert Richard Mutchler & Mike Byrn Green, 566 F.2d 1044 (5th Cir. 1978). · Go Syfert
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United States v. Robert Richard Mutchler & Mike Byrn Green, 566 F.2d 1044 (5th Cir. 1978). Cases Citing This Book View Copy Cite
41 citation events (2 in the last 25 years) across 18 distinct courts.
Strongest positive: United States v. Hernandez-Echeveste (ca5, 2006-01-10)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Hernandez-Echeveste
5th Cir. · 2006 · confidence medium
We do not take their language as having implicitly answered a question explicitly left open by United States v. Mutchler, 566 F.2d 1044, 1044 (5th Cir.1978).
cited Cited "see" United States v. Hernandez-Echeveste
5th Cir. · 2004 · signal: see · confidence high
See United States v. Mutchler, 566 F.2d 1044, 1044 (5th Cir.1978).
discussed Cited "see" Shahgodari v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See United States v. Mutchler, 559 F.2d 955 (5th Cir.1977), reconsidered and modified, 566 F.2d 1044 (5th Cir.1978); United States v. Riebschlaeger, 528 F.2d 1031 (5th Cir.), cert. denied, 429 U.S. 828 , 97 S.Ct. 86 , 50 L.Ed.2d 91 (1976)., An exception to this general rule occurs when jurors have served on a similar case in the interim between their selection as jurors for a particular case and the commencement of trial.
discussed Cited "see" Springer v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
United States v. Jefferson, 569 F.2d 260 (5th Cir.1978) (remanding for determination of whether interim jury service involved similar case or same witnesses); see United States v. Mutchler, 559 F.2d 955, 960 (5th Cir.1977) (interim jury service by previously selected jurors may deprive defendant of meaningful use of his peremptory challenges), modified, 566 F.2d 1044 (1978); United States v. Mobley, 656 F.2d 988 (5th Cir.1981) (defendant did not waive right to challenge jurors for cause in situation where interim service by jurors could be predicted and defendant had failed to exhaust perempto…
cited Cited "see" United States v. Early D. Eldridge
5th Cir. · 1978 · signal: see · confidence high
See United States v. Mutchler, 559 F.2d 955 (5th Cir. 1977), opinion amended, 566 F.2d 1044 (5th Cir. Sept. 21, 1977); United States v. Jefferson, 569 F.2d 260 (5th Cir. 1978). 2 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert Richard MUTCHLER and Mike Byrn Green, Defendants-Appellants
76-1914.
Court of Appeals for the Fifth Circuit.
Jan 3, 1978.
566 F.2d 1044
Tuttle, Goldberg, Clark.
Cited by 9 opinions  |  Published
PER CURIAM:

Upon reconsideration of our September 21, 1977; opinion in this case reported at 559 F.2d 955 (5 Cir. 1977), the following changes are hereby made.

(1) The following footnote “2” shall be added at the end of the word “challenges” line twelve from the top of the second column, 559 F.2d at page 958.

“Prosecutions clearly are ‘similar’ where they involve the same offense, the same prosecuting witnesses and the same prosecutor. That is the rule of this case. We decline to speculate whether prosecution for a related offense or other variations and combinations of these elements would render a particular situation dissimilar. That issue should be resolved in the context of determining the impact of such circumstances on an informed, meaningful exercise of the defendants’ right to preemptory challenges.”

(2) Footnote 2 of the September 21, 1977 opinion shall be renumbered as footnote “3”, 559 F.2d at page 959.

(3) The second and third full paragraphs on page 959 of the September 21, 1977, opinion reported at 559 F.2d 955 (5 Cir. 1977), shall be deleted.