manifest necessity doctrine (Texas) · Go Syfert
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manifest necessity doctrine in Texas

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.

Followed or applied (8)

CaseFollowedCited
Ex Parte Petersongreen
texcrimapp · 2003 · cited in 11 Texas opinions naming this issue, 2004–2010
2 sentences

2004Double 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 .

311
Illinois v. Somervillegreen
scotus · 1973 · cited in 2 Texas opinions naming this issue, 2017–2017
2 sentences

2017See 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).

22
Oregon v. Kennedygreen
scotus · 1982 · cited in 3 Texas opinions naming this issue, 2010–2024
2 sentences

2024See id. at 672 .

2024See id. at 672 .

13
Arizona v. Washingtongreen
scotus · 1978 · cited in 2 Texas opinions naming this issue, 2008–2016
2 sentences

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

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

12
Ex Parte Washingtongreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010Ex 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).

12
Hill v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006See 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.

11
Robinson v. Stategreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006See 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.

11
Fields v. Stategreen
texcrimapp · 1982 · cited in 1 Texas opinions naming this issue, 1990–1990
2 sentences

1990Fields 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
United States v. Perez green
scotus · 1824
2 sentences

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.

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.

22009–2009
Logan v. United States green
· 1892
2 sentences

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.

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.

22009–2009
United States v. Jorn green
scotus · 1971
2 sentences

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

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

12016–2016
Wade v. Hunter green
scotus · 1949
2 sentences

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)). .

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)). .

11994–1994
Richardson v. United States green
scotus · 1984
2 sentences

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)). .

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)). .

11994–1994

Where else courts name it

TX 22 (1990–2024) IL 19 (1976–2025) MD 12 (1973–2026) MN 9 (1996–2025) PA 7 (1974–2023) MI 6 (1976–2018) KS 5 (1999–2020) CO 5 (1964–2007) OH 5 (2002–2018) MT 5 (1996–2021) ID 4 (1983–2005) IN 4 (1984–2026) DC 4 (1996–2024) AZ 4 (1972–2016) IA 4 (1992–2025) FL 4 (1988–2000) MS 4 (1997–2019) MA 4 (1991–2025) WA 3 (2013–2019) WI 3 (1998–2005) CT 3 (1988–2012) GA 3 (1989–2023) VA 2 (2008–2025) NJ 2 (2000–2023) NV 2 (1987–2013) RI 2 (1987–1988) LA 2 (1979–1983) ME 2 (1983–2000) NY 2 (1969–1975) WV 2 (1980–1984) TN 2 (1977–2014)

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.

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