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Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy

Loaded on Aug. 15, 2021 by Douglas Ankney published in Criminal Legal News September, 2021, page 15
Location: Montana.

by Douglas Ankney

The Supreme Court of Montana dismissed with prejudice charges of sexual intercourse without consent and bail jumping, ruling the defendant’s second trial following a mistrial that was declared without a showing of manifest necessity was barred by the Double Jeopardy Clauses of the U.S. and Montana Constitutions. ...

 

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More from this issue:

  1. One More Reason to Dislike Your State’s DMV, by Edward Lyon
  2. Trial Penalty: The Harm in Coercive Prosecutorial Tactics and Plea Bargains, by David Reutter
  3. Virginia Supreme Court Reverses Concealed Weapon Offense Because Statutory Exception Applied, by Douglas Ankney
  4. The Federal Habeas Corpus: Government’s Response and Your Reply, by Dale Chappell
  5. The Many Roads to Relief Under Borden, by Dale Chappell
  6. Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy, by Douglas Ankney
  7. Virginia Passes Comprehensive Record Clearance Legislation, by Casey Bastian
  8. Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by Douglas Ankney
  9. Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, by David Reutter
  10. Seventh Circuit: Coworker Cannot Limitlessly Search Defendant’s Office at Direction of FBI, by Anthony Accurso
  11. Nebraska Supreme Court Reverses Denial of Pretrial Motion for Absolute Discharge on Speedy Trial Grounds, by Matthew Clarke
  12. Fourth Circuit Reverses ‘Abusive Language’ Conviction Where Government Failed to Offer Evidence That Racial Slur Tended to Cause Immediate Acts of Violence, by Douglas Ankney
  13. Should Public Defenders Be Tweeting?, by Anthony Accurso
  14. California Court of Appeal Vacates Guilty Plea That Resulted in Legal Fiction, by David Reutter
  15. California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing, by Douglas Ankney
  16. National Institute of Justice Funds Research to Differentiate Injuries Caused by Child Abuse from Accidental Injuries, by Matthew Clarke
  17. Police Funding Reallocated to Community Programs Nationwide, by Casey Bastian
  18. Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons, by Anthony Accurso
  19. Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners, by Douglas Ankney
  20. Delaware Supreme Court: Substitution Not Allowed for Chain of Custody Witness, by Anthony Accurso
  21. Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present, by Douglas Ankney
  22. Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun, by David Reutter
  23. Tenth Circuit Reverses Denial of Suppression Motion Because Rationale for Community-Caretaker Exception Unreasonable, by Douglas Ankney
  24. Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year, by Douglas Ankney
  25. SCOTUS: Cady’s ‘Community Caretaking’ Function of Police Doesn’t Create Standalone Doctrine Permitting Warrantless Entry into a Home, by Douglas Ankney
  26. Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement, by Casey Bastian
  27. It’s No Shock That Tasers Increase Brutality, by Casey Bastian
  28. South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending, by Anthony Accurso
  29. Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute, by David Reutter
  30. New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, by David Reutter
  31. California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted, by Matthew Clarke
  32. Maryland Enacts Significant Police Reform, Overriding Governor’s Veto, by Jayson Hawkins
  33. Decision Not to Prosecute May Reduce Chance of Recidivism, by Kevin Bliss
  34. FBI Subpoenas Media Outlets for Information on Readers of Stories Criticizing Government, by Dale Chappell
  35. Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers, by Douglas Ankney
  36. Texas Supreme Court: Multiple Misdemeanor Charges Resulting From Single Arrest Divisible for Expunction Purposes, by Douglas Ankney
  37. Police Legal Defense Funds Have Millions in Reserve, by Jayson Hawkins
  38. Big Brother Is Watching You Through Your Car, by Jayson Hawkins
  39. Constitutional Protections No Protection for Colorado Man Killed by Police, by Casey Bastian
  40. Warrantless Warrants and Crooked Courts in Chicago, by Jayson Hawkins
  41. Details Surface About Firm That Hacked iPhone for the FBI in 2016, by Anthony Accurso
  42. Debunking the Myth of ‘Dangerous’ Traffic Stops, by Jayson Hawkins
  43. Reports Show Law Enforcement Groups Are Main Force Pushing New Anti-Protest Laws, by Matthew Clarke
  44. Prosecutors Call for Humane Sentencing Measures, by Kevin Bliss
  45. Jury Refuses to Hold Abusive Cops Accountable for Beating Undercover Cop, by Anthony Accurso
  46. Digital Dogs, New Technology Designed to Sniff-Out Crime, by Michael Fortino, Ph.D
  47. Two T-shirts Cost Louisiana Man 20 Years, by Edward Lyon
  48. Police Use of Facial Recognition May Be Broader Than Expected, by Anthony Accurso
  49. When Police Ignore Ordered Changes, Is It Really Reform?, by Douglas Ankney
  50. The People Have Spoken: Clemency Appointments Should Follow the Will of the People, by Michael Fortino, Ph.D
  51. The Louisiana Board of Parole Giveth and Taketh Away: The Troubling Case of Bobby Sneed, by Casey Bastian
  52. Police Target People of Color for Cannabis Crimes Despite Legalization, by Anthony Accurso
  53. Bodycams Do Not Hold Cops Accountable, Communities Do, by Anthony Accurso
  54. News in Brief

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