United States Ninth Circuit

The record does not support the district court's finding of manifest necessity justifying a mistrial, where no evidence showed that jurors were unwilling to put aside their unhappiness at having to serve without pay and discharge their duties as instructed by the court.

Appellate Information

• Argued 08/04/2003
• Decided 09/17/2003
• Published 09/17/2003

Judges

• Before KOZINSKI, T.G. NELSON, Circuit Judges, and RESTANI, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kenly Kiya Kato, Deputy Federal Public Defender, Los Angeles, CA, argued for the appellant.  Maria E. Stratton, Federal Public Defender, joined her on the briefs.


• For Appellees:
  
• Andrea L. Russi, Assistant United States Attorney, Los Angeles, CA, argued for the appellee.  Debra W. Yang, United States Attorney, and Jacqueline Chooljian, Assistant United States Attorney, joined her on the brief.