California Court of Appeal
EVANS v. SUPERIOR COURT OF SAN DIEGO COUNTY (PEOPLE), D041204
No legal necessity existed to discharge an empanelled jury where the trial court dismissed a juror and the parties were unwilling to proceed without a jury of 12, thus any retrial will violate the double-jeopardy provisions of the state and federal Constitutions.
Appellate Information
- Decided 07/30/2003
- Published 07/30/2003
Judges
- BENKE, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- J.W. Carver for Petitioner., Paul J. Pfingst, District Attorney, Anthony Lovett and Kelly Rand, Deputy District Attorneys, for Real Party in Interest.
- For Appellees:
- No appearance for Respondent.