United States v. Sanford
Decision Date | 12 October 1976 |
Docket Number | No. 75-1867,75-1867 |
Citation | 50 L.Ed.2d 17,429 U.S. 14,97 S.Ct. 20 |
Parties | UNITED STATES v. Nelson E. "Buck" SANFORD et al |
Court | U.S. Supreme Court |
Respondents were indicted for illegal game hunting in Yellowstone National Park. A jury trial in the United States District Court for the District of Montana resulted in a hung jury, and the District Court declared a mistrial. Four months later, while the Government was preparing to retry them, respondents moved to dismiss the indictment. The District Court, agreeing that the Government had consented to the activities which formed the basis of the indictment, dismissed it. The Government's appeal pursuant to the Criminal Appeals Act, 18 U.S.C. § 3731,1 was dismissed by the Court of Appeals because that court thought retrial was barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. The Government petitioned for certiorari, and we vacated the judgment of the Court of Appeals and remanded for further consideration in the light of our intervening decision in Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975). 421 U.S. 996, 95 S.Ct. 2392, 44 L.Ed.2d 663 (1975).
On remand, the Court of Appeals, considering the trilogy of Serfass, supra, United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013, 43 L.Ed.2d 232 (1975), and United States v. Jenkins, 420 U.S. 358, 95 S.Ct. 1006, 43 L.Ed.2d 250 (1975), adhered to its prior determination. The Government now seeks certiorari from that ruling.
The reasoning of the Court of Appeals is best summarized by this language from its opinion:
(1-3) We agree with the Court of Appeals that jeopardy attached at the time of the empaneling of the jury for the first trial of respondents. But we do not agree with that court's conclusion that by reason of the sequence of events in the District Court the Government would be barred by the Double Jeopardy Clause from retrying respondents. The trial of respondents on the indictment terminated, not in their favor, but in a mistrial declared, sua sponte, by the District Court. Where the trial is terminated in this manner, the classical test for determining whether the defendants may be retried without violating the Double Jeopardy Clause is stated in Mr. Justice Story's opinion for this Court in United States v. Perez, 9 Wheat. 579, 580, 6 L.Ed. 165 (1824):
The Government's right to retry the defendant, after a mistrial, in the face of his claim of double jeopardy is generally 2 governed by the test laid down in Perez, supra. The situation of a hung jury presented here is precisely the situation that was presented in Perez...
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