Raslich v. Bannan, No. 13878.

CourtU.S. Court of Appeals — Sixth Circuit
Writing for the CourtPER CURIAM
Citation273 F.2d 420
PartiesJohn RASLICH, Appellant, v. William H. BANNAN, Warden, State Prison of Southern Michigan, Appellee.
Docket NumberNo. 13878.
Decision Date09 December 1959

273 F.2d 420 (1959)

John RASLICH, Appellant,
v.
William H. BANNAN, Warden, State Prison of Southern Michigan, Appellee.

No. 13878.

United States Court of Appeals Sixth Circuit.

December 9, 1959.


Joseph R. Joseph (of Joseph & Joseph), James Pearson, Flint, Mich., for appellant.

Perry A. Maynard, Asst. Atty. Gen., and Samuel J. Torina, Sol. Gen., Lansing, Mich., for appellee.

Before MARTIN and WEICK, Circuit Judges, and WILLIAM E. MILLER, District Judge.

PER CURIAM.

This is an appeal from an order of the District Court of the United States for the Eastern District of Michigan denying appellant's petition for a writ of habeas corpus.

Upon consideration of the record, the briefs of the respective parties, and the argument of counsel in open court, we are of the opinion that appellant's constitutional rights were not infringed by the action of the Circuit Court for the County of Genesee, Michigan, in denying appellant's plea of double jeopardy and in requiring him to stand trial upon the charge of murder after a fourteen-member jury in a former trial of appellant had been discharged by the Court and a mistrial declared. This is true for two reasons. First, the...

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14 practice notes
  • Commonwealth v. Washington, Record No. 010913.
    • United States
    • Virginia Supreme Court of Virginia
    • March 1, 2002
    ...v. Miller, 742 F.2d 1279, 1284 (11th Cir.1984), cert. denied, 469 U.S. 1216, 105 S.Ct. 1194, 84 L.Ed.2d 340 (1985); Raslich v. Bannan, 273 F.2d 420, 420-21 (6th 559 S.E.2d 639 The various United States Courts of Appeals have held that a defendant's consent to a mistrial is implied when a de......
  • United States ex rel. Jackson v. Follette, No. 527
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 23, 1972
    ...States v. Burrell, 324 F.2d 115, 119 (7th Cir.), cert. denied, 376 U.S. 937, 84 S.Ct. 791, 11 L.Ed.2d 657 (1963); Raslich v. Bannan, 273 F.2d 420 (6th Cir. --------Notes: 1 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). 2 The double jeopardy provision of the fifth amendment to the Cons......
  • Camden v. Circuit Court of Second Judicial Circuit, Crawford County, Ill., No. 89-1196
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 20, 1989
    ...motion or object, despite opportunity to do so), cert. denied, 414 U.S. 873, 94 S.Ct. 151, 38 L.Ed.2d 113 (1973); Raslich v. Bannan, 273 F.2d 420, 420-21 (6th Cir.1959) (defendant and his attorney "acquiesced in, and in substantial effect consented to," The record reveals that Camden and he......
  • U.S. v. Jamison, Nos. 73-1277 and 74-1042
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 15, 1974
    ...States, 404 U.S. 984, 92 S.Ct. 449, 30 L.Ed.2d 368 (1971); United States v. Franke, 409 F.2d 958 (7th Cir. 1969); Raslich v. Bannan, 273 F.2d 420 (6th Cir. Appellants argue, however, that the formality of the defendant's having moved for a mistrial should not be controlling in all cases, an......
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14 cases
  • Commonwealth v. Washington, Record No. 010913.
    • United States
    • Virginia Supreme Court of Virginia
    • March 1, 2002
    ...v. Miller, 742 F.2d 1279, 1284 (11th Cir.1984), cert. denied, 469 U.S. 1216, 105 S.Ct. 1194, 84 L.Ed.2d 340 (1985); Raslich v. Bannan, 273 F.2d 420, 420-21 (6th 559 S.E.2d 639 The various United States Courts of Appeals have held that a defendant's consent to a mistrial is implied when a de......
  • United States ex rel. Jackson v. Follette, No. 527
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 23, 1972
    ...States v. Burrell, 324 F.2d 115, 119 (7th Cir.), cert. denied, 376 U.S. 937, 84 S.Ct. 791, 11 L.Ed.2d 657 (1963); Raslich v. Bannan, 273 F.2d 420 (6th Cir. --------Notes: 1 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). 2 The double jeopardy provision of the fifth amendment to the Cons......
  • Camden v. Circuit Court of Second Judicial Circuit, Crawford County, Ill., No. 89-1196
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 20, 1989
    ...motion or object, despite opportunity to do so), cert. denied, 414 U.S. 873, 94 S.Ct. 151, 38 L.Ed.2d 113 (1973); Raslich v. Bannan, 273 F.2d 420, 420-21 (6th Cir.1959) (defendant and his attorney "acquiesced in, and in substantial effect consented to," The record reveals that Camden and he......
  • U.S. v. Jamison, Nos. 73-1277 and 74-1042
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 15, 1974
    ...States, 404 U.S. 984, 92 S.Ct. 449, 30 L.Ed.2d 368 (1971); United States v. Franke, 409 F.2d 958 (7th Cir. 1969); Raslich v. Bannan, 273 F.2d 420 (6th Cir. Appellants argue, however, that the formality of the defendant's having moved for a mistrial should not be controlling in all cases, an......
  • Request a trial to view additional results

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