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22 Texas opinions name it 2 courts 1990–2024 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ex Parte Petersongreen2 sentences2004Double jeopardy principles, however, do not prohibit “multiple trials of a single criminal charge if the first trial resulted in a mistrial that: (1) was justified under the manifest necessity doctrine; or (2) was requested or consented to by the defense, absent prosecutorial misconduct which forced the mistrial.” Peterson , 117 S.W.3d at 810-11 . 2004However, double jeopardy does not prevent “multiple trials of a single criminal charge if the first trial resulted in a mistrial that: (1) was justified under the manifest necessity doctrine; or (2) was requested or consented to by the defense, absent prosecutorial misconduct which forced the mistrial.” Peterson, 117 S.W.3d at 810-11 . | 3 | 11 |
Illinois v. Somervillegreen2 sentences2017See Illinois v. Somerville , 410 U.S. 458 , 93 S.Ct. 1066 , 35 L.Ed.2d 425 (1973). 2017See Illinois v. Somerville , 410 U.S. 458 , 93 S.Ct. 1066 , 35 L.Ed.2d 425 (1973). | 2 | 2 |
Oregon v. Kennedygreen2 sentences2024See id. at 672 . 2024See id. at 672 . | 1 | 3 |
Arizona v. Washingtongreen2 sentences2016On the one hand, the defendant has a “valued right to have his trial completed by a particular tribunal.” Washington, 434 U.S. at 504 , 98 S.Ct. 824 *657 (quoting United States v. Jorn, 400 U.S. 470, 484 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971)); Because of the “increase[d] .. ; financial and emotional burden on the accused,” the “prolonged] ... period in which he is stigmatized by an unresolved accusation of wrongdoing,” and the enhanced “risk that an innocent defendant may be convicted[,]” “as a general rule, the prosecutor is entitled to one, and only one, opportunity to require an accused to 2016On the one hand, the defendant has a “valued right to have his trial completed by a particular tribunal.” Washington, 434 U.S. at 504 , 98 S.Ct. 824 *657 (quoting United States v. Jorn, 400 U.S. 470, 484 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971)); Because of the “increase[d] .. ; financial and emotional burden on the accused,” the “prolonged] ... period in which he is stigmatized by an unresolved accusation of wrongdoing,” and the enhanced “risk that an innocent defendant may be convicted[,]” “as a general rule, the prosecutor is entitled to one, and only one, opportunity to require an accused to | 1 | 2 |
Ex Parte Washingtongreen2 sentences2010Ex parte Washington, 168 S.W.3d 227, 235-36 (Tex.App.-Fort Worth 2005, orig. proceeding). 2010Ex parte Washington , 168 S.W.3d 227 , 235–36 (Tex. App.—Fort Worth 2005, orig. proceeding). | 1 | 2 |
Hill v. Stategreen1 sentence2006See id. ; Robinson v. State , 139 S.W.3d 748, 751 (Tex. App.-Corpus Christi 2004, pet. dism'd) (citing Ex parte Peterson , 117 S.W.3d 804, 810-11 (Tex. Crim. | 1 | 1 |
Robinson v. Stategreen1 sentence2006See id. ; Robinson v. State , 139 S.W.3d 748, 751 (Tex. App.-Corpus Christi 2004, pet. dism'd) (citing Ex parte Peterson , 117 S.W.3d 804, 810-11 (Tex. Crim. | 1 | 1 |
Fields v. Stategreen2 sentences1990Fields v. State, 627 S.W.2d 714, 720 (Tex.Crim.App.1982). 1990Fields v. State, 627 S.W.2d 714, 720 (Tex.Crim.App.1982). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Perez
green
2 sentences2009In United States v. Perez, 22 U. S. 579 , (1824), and Logan v. United States, 144 U.S. 263 (1892), the United States Supreme Court held that manifest necessity justified the discharge of juries unable to reach verdicts, and, therefore, the double jeopardy clause did not bar retrial. 2009In United States v. Perez, 22 U. S. 579 , (1824), and Logan v. United States , 144 U.S. 263 (1892), the United States Supreme Court held that manifest necessity justified the discharge of juries unable to reach verdicts, and, therefore, the double jeopardy clause did not bar retrial. | 2 | 2009–2009 |
Logan v. United States
green
2 sentences2009In United States v. Perez, 22 U. S. 579 , (1824), and Logan v. United States, 144 U.S. 263 (1892), the United States Supreme Court held that manifest necessity justified the discharge of juries unable to reach verdicts, and, therefore, the double jeopardy clause did not bar retrial. 2009In United States v. Perez, 22 U. S. 579 , (1824), and Logan v. United States , 144 U.S. 263 (1892), the United States Supreme Court held that manifest necessity justified the discharge of juries unable to reach verdicts, and, therefore, the double jeopardy clause did not bar retrial. | 2 | 2009–2009 |
United States v. Jorn
green
2 sentences2016On the one hand, the defendant has a “valued right to have his trial completed by a particular tribunal.” Washington, 434 U.S. at 504 , 98 S.Ct. 824 *657 (quoting United States v. Jorn, 400 U.S. 470, 484 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971)); Because of the “increase[d] .. ; financial and emotional burden on the accused,” the “prolonged] ... period in which he is stigmatized by an unresolved accusation of wrongdoing,” and the enhanced “risk that an innocent defendant may be convicted[,]” “as a general rule, the prosecutor is entitled to one, and only one, opportunity to require an accused to 2016On the one hand, the defendant has a “valued right to have his trial completed by a particular tribunal.” Washington, 434 U.S. at 504 , 98 S.Ct. 824 *657 (quoting United States v. Jorn, 400 U.S. 470, 484 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971)); Because of the “increase[d] .. ; financial and emotional burden on the accused,” the “prolonged] ... period in which he is stigmatized by an unresolved accusation of wrongdoing,” and the enhanced “risk that an innocent defendant may be convicted[,]” “as a general rule, the prosecutor is entitled to one, and only one, opportunity to require an accused to | 1 | 2016–2016 |
Wade v. Hunter
green
2 sentences1994Perez, supra, and, Logan, supra. The policy supporting this exception is rooted in society's interest in permitting the State to complete a prosecution against alleged violators where "unforeseeable circumstances that arise during a trial [make] its completion impossible, such as the failure of a jury to agree on a verdict.” Richardson, 468 U.S. at 324-325 , 104 S.Ct. at 3085 -3086 (quoting Wade v. Hunter, 336 U.S. 684, 688-689 , 69 S.Ct. 834, 836-837 , 93 L.Ed. 974 (1949)). . 1994Perez, supra, and, Logan, supra. The policy supporting this exception is rooted in society's interest in permitting the State to complete a prosecution against alleged violators where "unforeseeable circumstances that arise during a trial [make] its completion impossible, such as the failure of a jury to agree on a verdict.” Richardson, 468 U.S. at 324-325 , 104 S.Ct. at 3085 -3086 (quoting Wade v. Hunter, 336 U.S. 684, 688-689 , 69 S.Ct. 834, 836-837 , 93 L.Ed. 974 (1949)). . | 1 | 1994–1994 |
Richardson v. United States
green
2 sentences1994Perez, supra, and, Logan, supra. The policy supporting this exception is rooted in society's interest in permitting the State to complete a prosecution against alleged violators where "unforeseeable circumstances that arise during a trial [make] its completion impossible, such as the failure of a jury to agree on a verdict.” Richardson, 468 U.S. at 324-325 , 104 S.Ct. at 3085 -3086 (quoting Wade v. Hunter, 336 U.S. 684, 688-689 , 69 S.Ct. 834, 836-837 , 93 L.Ed. 974 (1949)). . 1994Perez, supra, and, Logan, supra. The policy supporting this exception is rooted in society's interest in permitting the State to complete a prosecution against alleged violators where "unforeseeable circumstances that arise during a trial [make] its completion impossible, such as the failure of a jury to agree on a verdict.” Richardson, 468 U.S. at 324-325 , 104 S.Ct. at 3085 -3086 (quoting Wade v. Hunter, 336 U.S. 684, 688-689 , 69 S.Ct. 834, 836-837 , 93 L.Ed. 974 (1949)). . | 1 | 1994–1994 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.