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Tag Archives: mistrials

08-4292 U.S. v. Moore

Criminal Procedure Mistrials; impartial jurors An encounter between a juror and an associate of the defendant during a lunch break is not grounds for a mistrial. “Moore’s argument that a mistrial was necessary because the jury was compromised must fail because there is no sign of an adverse impact in the record. At the time of the lunchtime incident Moore’s ...

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09-2584 U.S. v. Cornelius

Criminal Procedure Double jeopardy; mistrials Where the prosecutor asked a question that elicited an answer that was not admissible, the district court should have held a hearing to inquire into the prosecutor’s motivation in asking the question. “The district court reached its conclusion that the government had not intended to cause a mistrial without holding an evidentiary hearing, relying instead ...

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