Topic: if the trial is concluded prematurely, a retrial for that o… · Go Syfert
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Topic #14053

8 canonical passages across 7 cases, quoted by 28 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from People v. Mehall.

#Case FlagCanonical passage Citers
1 People v. Mehall Anchor
mich · 1997
green “if the trial is concluded prematurely, a retrial for that offense is prohibited unless the defendant consented to the interruption or a mistrial was declared because of a manifest necessity.” 7
2 People v. Lett
mich · 2002
green “not whether this court would have found manifest necessity, but whether the trial court abused its discretion in finding manifest necessity.” 3
3 Ross v. Petro
ca6 · 2008
green “determining whether manifest necessity exists to justify the declaration of a mistrial requires a balancing of competing concerns: the defendant's interest in completing his trial in a single proceeding before a particular tribunal versus the strength of the justification for a …” 3
4 People v. Anglin
michctapp · 1967
green “in dealing with cases of alleged juror disqualification or misconduct discovered after the jury has been impaneled, our supreme court has pointed out that the trial judge who has conducted an investigation is better able to judge the question of disqualification because he 'saw …” 3
5 People v. Hicks
mich · 1994
green “determining whether manifest necessity exists to justify the declaration of a mistrial requires a balancing of competing concerns: the defendant's interest in completing his trial in a single proceeding before a particular tribunal versus the strength of the justification for a …” 3
6 People v. Hicks
mich · 1994
green “failure to consider alternatives precludes a determination that manifest necessity justified its declaration of a mistrial” 3
7 People v. Benton
mich · 1977
green “before ordering a mistrial, the court must, on the record, give each defendant and the prosecutor an opportunity to comment on the propriety of the order, to state whether that party consents or objects, and to suggest alternatives.” 3
8 People v. Parker
mich · 1906
green “appellate courts will not interfere with the action of trial courts in discharging juries, where facts are found upon which such action can be based. but the facts must be found and placed upon the record.” 3

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