United States First Circuit

Denial of a motion to dismiss the charges against defendant on double jeopardy grounds is reversed where the district court's failure to conduct an adequate investigation into alternatives to a mistrial left a record that did not support the finding that the mistrial was manifestly necessary in the face of defendant's lack of consent.

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

Judges

• LIPEZ, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Juan J. HernándezLópez de Victoria for appellant.


• For Appellees:
  
• Jacabed Rodriguez-Coss, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Mariana E. Bauzá-Almonte, Assistant United States Attorney, were on brief, for appellee.