[DOWNLOAD] "State v. Choate" by Arizona Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State v. Choate
- Author : Arizona Court of Appeals
- Release Date : January 19, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
We believe the retrial of the defendant on the dangerous-nature allegation would constitute double jeopardy. The jury in this case was dismissed without reaching a verdict on one of the charges. As discussed below, that dismissal was without the defendants consent. See Green v. United States, 355 U.S. 184, 78 S.Ct. 221, 2 L.Ed.2d 199 (1957). It was intended that the initial proceeding would end "all prosecution of the defendant for the offense charged." Lee v. United States, 432 U.S. 23, 30, 97 S.Ct. 2141, 2145, 53 L.Ed.2d 80, 87 (1977). The failure to submit a charge and the subsequent dismissal of the jury after it had resolved other charges is analogous to a mistrial without manifest necessity, indeed without any necessity at all. As such, it deprived the defendant of the right to have the charge resolved by the initial jury, a valued part of the concept of protection against double jeopardy. See United States v. Jorn, 400 U.S. 470, 91 S.Ct. 547, 27 L.Ed.2d 543 (1971). The failure of a trial judge, presumably always by mistake or inadvertence, to submit any charge after jeopardy has attached bars retrial.