United States v. Josef Perez
| Court | U.S. Supreme Court |
| Writing for the Court | STORY |
| Citation | United States v. Josef Perez, 22 U.S. 579, 6 L.Ed. 165, 9 Wheat. 579 (1824) |
| Decision Date | 17 March 1824 |
| Parties | The UNITED STATES v. JOSEF PEREZ |
This cause comes up from the Circuit Court for the southern district of New-York, upon a certificate of division in the opinions of the Judges of that Court. The prisoner, Josef Perez, was put upon trial for a capital offence, and the jury, being unable to agree, were discharged by the Court from giving any verdict upon the indictment, without the consent of the prisoner, or of the Attorney for the United States. The prisoner's counsel, thereupon, claimed his discharge as of right, under these circumstances; and this forms the point upon which the Judges were divided. The question, therefore, arises, whether the discharge of the jury by the Court from giving any verdict upon the indictment, with which they were charged, without the consent of the prisoner, is a bar to any future trial for the same offence. If it be, then he is entitled to be discharged from custody; if not, then he ought to be held in imprisonment until such trial can be had. We are of opinion, that the facts constitute no legal bar to a future trial. The prisoner has not been convicted or acquitted, and may again be put upon his defence. We think, that in all cases of this nature, the law has invested Courts of justice with the authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the circumstances...
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Commonwealth v. Washington
...Court's test, the mistrial will bar retrial unless there was a "manifest necessity" for the mistrial. United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824); see also Allen, 252 Va. at 109, 472 S.E.2d at In the present case, it is undisputed that the first jury was sworn an......
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State v. Tate
...in the context of a declaration of a mistrial over a defendant's objection, the seminal decision is United States v. Perez, 22 U.S. (9 Wheat.) 579, 6 L. Ed. 165 (1824). That case enjoys continued vitality. See Arizona v. Washington, 434 U.S. 497, 506, 98 S. Ct. 824, 54 L. Ed. 2d 717 (1978);......
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Stone v. Superior Court
...necessity required it. (Arizona v. Washington (1978) 434 U.S. 497, 503-505, 98 S.Ct. 824, 829-830, 54 L.Ed.2d 717; United States v. Perez (1824) 22 U.S. 579, 580, 6 L.Ed. 165; § 1140; Larios v. Superior Court, supra, 24 Cal.3d 324, 329, 155 Cal.Rptr. 374, 594 P.2d 491; People v. Rojas (1975......
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State v. Felton
...necessity requiring the declaration of a mistrial. State v. Odom, 316 N.C. at 310, 341 S.E.2d at 334; see also United States v. Perez, 22 U.S. (9 Wheat.) 579, 6 L.Ed. 165 (1824). Similarly, under our statutes a court may declare a mistrial where "[i]t appears there is no reasonable probabil......
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One bite at the apple: reversals of convictions tainted by prosecutorial misconduct and the ban on double jeopardy.
...prosecutor must demonstrate manifest necessity' for any mistrial declared over the objection of the defendant."); United States v. Perez, 22 U.S. (9 Wheat.) 579 (1824) (stating that a court may discharge a jury before a verdict has been rendered only if manifest necessity exists for doing s......
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INDEX OF CASES
...553, 263 U. S. 350) 366 Pennsylvania Coal Co. v. Mahon (260 U. S. 393) 150 People of, see name of opposing party Perez; United States v. (9 Wheat. 579) 184 Perfetto; Rowoldt v. (355 U. S. 115) 110 Perlstein v. United States (151 F.2d 167 [C.A. 3], certiorari granted 327 U. S. 777, dismissed......
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Appendix F Table of Authorities
...States v. Law, 528 F.3d 888 (D.C. Cir. 2008)................................................................91 United States v. Perez, 22 U.S. 579 (1824).....................................................................................4 United States v. Vitek Supply Corp., 144 F.3d 476 (......
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Use of essentially historical materials.
...the reviewing and, if there be one, the confirming authority shall have taken final action upon the case."[212] United States v. Perez, 9 Wheat. 579.[213] Clawans v. Rives, 104 F. 2d 240 (App. D. C.) ; McCarthy v. Zerbst, 85 F. 2d 640 (C.A. 10) . See, however, for a broader view, Pratt v. U......