United States v. Ella Joan Williams, 717 F.2d 473 (9th Cir. 1983). · Go Syfert
United States v. Ella Joan Williams, 717 F.2d 473 (9th Cir. 1983). Cases Citing This Book View Copy Cite
24 citation events (11 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Decker v. Zonic
D. Ariz. · 2023 · quote attribution · 1 verbatim quote · confidence high
a trial court's decision to 10 release counsel is an exercise of its discretion
discussed Cited as authority (rule) United States v. Gregory Bell
D.C. Cir. · 2015 · confidence medium
United States v. Williams, 717 F.2d 473, 475 (9th Cir. 1983); see also United States v. Tolliver, 937 F.2d 1183, 1188 (7th Cir. 1991); United States v. Von Spivey, 895 F.2d 176, 178 (4th Cir. 1990); Hudson v. Rushen, 686 F.2d 826, 831 (9th Cir. 1982); United States v. Wayman, 510 F.2d 1020, 1028 (5th Cir. 1975).
discussed Cited as authority (rule) United States v. Gregory Bell (2×)
D.C. Cir. · 2015 · confidence medium
United States v. Williams, 717 F.2d 473, 475 (9th Cir.1983); see also United States v. Tolliver, 937 F.2d 1183, 1188 (7th Cir.1991); United States v. Von Spivey, 895 F.2d 176, 178 (4th Cir.1990); Hudson v. Rushen, 686 F.2d 826, 831 (9th Cir.1982); United States v. Wayman, 510 F.2d 1020, 1028 (5th Cir.1975).
discussed Cited as authority (rule) United States v. Velazquez
9th Cir. · 2005 · confidence medium
See LaGrand v. Stewart, 133 F.3d 1253, 1269 (9th Cir.1998) (stating that we review a district court’s decision regarding counsel’s motion to withdraw for an abuse of discretion); United States v. Williams, 717 F.2d 473, 475 (9th Cir.1983) (stating that "[a] trial court’s decision to release counsel is an exercise of its discretion”). .
discussed Cited as authority (rule) United States v. Velazquez
9th Cir. · 2005 · confidence medium
See LaGrand v. Stewart, 133 F.3d 1253, 1269 (9th Cir.1998) (stating that we review a district court’s decision regarding counsel's motion to withdraw for an abuse of discretion); United States v. Williams, 717 F.2d 473, 475 (9th Cir.1983) (stating that "[a] trial court’s decision to release counsel is an exercise of its discretion”). .
discussed Cited as authority (rule) Dennis Maxwell v. Norman Jacobson Realty Resources, Inc.
9th Cir. · 1996 · signal: cf. · confidence medium
See Murray v. Laborers Union Local No. 324, 55 F.3d 1445, 1452 (9th Cir.1995) ("District court must have ample discretion to control their dockets."), cert. denied, 64 U.S.L.W. 3793 (1996) (No. 95-563); cf. United States v. Williams, 717 F.2d 473, 475 (9th Cir.1983) (holding declaration of mistrial proper in criminal trial where defense counsel was allowed to withdraw and protracted continuance was impractical). 3.
discussed Cited as authority (rule) John Thomas v. Municipal Court of the Antelope Valley Judicial District of California
9th Cir. · 1989 · confidence medium
Where a mistrial has been declared over the defendant’s objection after jeopardy has attached, however, reprosecution is not barred if the trial was terminated because of “manifest necessity.” Arizona v. Washington, 434 U.S. at 505 , 98 S.Ct. at 830 ; United States v. Jarvis, 792 F.2d 767, 769 (9th Cir.1986); Jaramillo, 745 F.2d at 1247 ; United States v. Williams, 717 F.2d 473, 475 (9th Cir.1983).
discussed Cited as authority (rule) United States v. Estella Jaramillo (2×)
9th Cir. · 1984 · confidence medium
Crist v. Bretz, 437 U.S. 28, 29 , 98 S.Ct. 2156, 2157 , 57 L.Ed.2d 24 (1978); United States v. Williams, 717 F.2d 473, 475 (9th Cir.1983).
discussed Cited "see, e.g." United States v. Al-Nashiri
Regl. Rail Reorg. Act · 2018 · signal: see also · confidence low
The decision to grant or deny counsel's motion to withdraw is committed to the discretion of the district court." Thorpe v. United States , 445 F.Supp.2d 18 , 22 (D.D.C. 2006) (citation omitted); see also United States v. Williams , 717 F.2d 473 , 475 (9th Cir. 1983) ; Laster v. District of Columbia , 460 F.Supp.2d 111 , 113 (D.D.C. 2006) (citing Whiting v. Lacara , 187 F.3d 317 , 320 (2d Cir. 1999) ); Fleming v. Harris , 39 F.3d 905 , 908 (8th Cir. 1994) ; United States v. Mullen , 32 F.3d 891 , 895 (4th Cir. 1994) ; Washington v. Sherwin Real Estate, Inc. , 694 F.2d 1081 , 1087 (7th Cir. 198…
discussed Cited "see, e.g." Ex Parte Rodriguez
Tex. App. · 2012 · signal: see also · confidence medium
See also United States v. Williams, 717 F.2d 473, 475 (9th Cir.1983) (holding that manifest necessity existed for a mistrial because counsel needed a lengthy delay to prepare and a “protracted continuance was impractical given the high probability that many of the jurors would be unavailable on the new trial date.”) Merely rescheduling this case for trial from a previous setting took over four months.
discussed Cited "see, e.g." Ex Parte Eric Dean Rodriguez
Tex. App. · 2012 · signal: see also · confidence medium
See also United States v. Williams, 717 F.2d 473, 475 (9th Cir. 1983) (holding that manifest necessity existed for a mistrial because counsel needed a lengthy delay to prepare and a "protracted continuance was impractical given the high probability that many of the jurors would be unavailable on the new trial date.") Merely rescheduling this case for trial from a previous setting took over four months.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ella Joan WILLIAMS, Defendant-Appellant
83-1030X.
Court of Appeals for the Ninth Circuit.
Sep 29, 1983.
717 F.2d 473
Edward R. Kane, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee., Richard A. Wright, Las Vegas, Nev., for defendant-appellant.
Wallace, Sneed, Far-Ris.
Cited by 14 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 76%
Citer courts: D. Arizona (2)
SNEED, Circuit Judge:

Ella Joan Williams appeals from a district court order which denied her motion to dismiss the indictment. Appellant’s first trial ended in a mistrial. She argues that the double jeopardy clause bars retrial. We affirm.

I.

FACTS

Appellant and several codefendants were indicted on August 26, 1980 for Hobbs Act violations and other counts resulting from an attempt to extort the sum of $3,000,-000.00 from Harvey’s Resort Hotel and Casino in Stateline, Nevada.

On December 6, 1982, the jury trial of appellant and a codefendant, Willis Brown, was commenced in the United States District Court for the District of Nevada. After the jury had been sworn, the trial recessed pending further plea negotiations. The government had initially offered plea bargains that were conditioned on both defendants accepting. Against the advice of counsel, appellant refused to plead guilty and expressed a desire to go forward with the trial. Subsequently, defense counsel moved to withdraw from the ease. On December 7, 1982, the trial court granted counsel’s motion and declared a mistrial as to appellant. Codefendant Brown accepted the plea offer. Following this pretrial motion to dismiss, appellant thereafter was retried and convicted on three of the four counts in the indictment.

II.

DOUBLE JEOPARDY

An order denying a motion to bar retrial because of the Double Jeopardy[*475] Clause is immediately appealable under 28 U.S.C. § 1291. Abney v. United States, 431 U.S. 651, 662, 97 S.Ct. 2034, 2041, 52 L.Ed.2d 651 (1977); United States v. Ajimura, 598 F.2d 510, 512 (9th Cir.1979).

Jeopardy attaches when the jury is empaneled and sworn. Crist v. Bretz, 437 U.S. 28, 29, 98 S.Ct. 2156, 2157, 57 L.Ed.2d 24 (1978). However, reprosecution is not barred if there was “manifest necessity” to terminate the trial. Arizona v. Washington, 434 U.S. 497, 505, 98 S.Ct. 824, 830, 54 L.Ed.2d 717 (1978). The words “ ‘manifest necessity’ ... do not describe a standard that can be applied mechanically or without attention to the particular problem confronting the trial judge.” Id. at 505-06, 98 S.Ct. at 830. The Court has recognized that there are “degrees of necessity,” id. at 506, 98 S.Ct. at 830, and that the degree of deference to be given the trial judge’s decision to declare a mistrial varies according to the circumstances of each case. Id. at 507-10, 98 S.Ct. at 831-32; see United States v. Sanders, 591 F.2d 1293, 1296 (9th Cir.1979).

Here, the requisite manifest necessity existed after the court allowed defense counsel to withdraw. New counsel needed a lengthy delay in order to prepare for this complex criminal case. A protracted continuance was impractical given the high probability that many of the jurors would be unavailable on the new trial date. Additionally, there existed a substantial risk of juror prejudice resulting from the extensive media coverage of this case.

Appellant argues that there was no manifest necessity to declare a mistrial because there was no manifest necessity to grant counsel’s motion to withdraw. We disagree. A trial court’s decision to release counsel is an exercise of its discretion. Glavin v. United States, 396 F.2d 725, 726 (9th Cir.), cert. denied, 393 U.S. 926, 89 S.Ct. 258, 21 L.Ed.2d 262 (1968). The decision’s effect on manifest necessity is one of the factors to be considered by the trial court. Here we cannot say that the district court abused its discretion. Therefore, termination of appellant’s trial was a manifest necessity.

The district court properly denied Williams’ motion to dismiss the indictment, and, accordingly, we affirm.

AFFIRMED