United States v. Dinitz
1976 United States Supreme Court case / From Wikipedia, the free encyclopedia
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United States v. Dinitz, 424 U.S. 600 (1976), was a case in which the Supreme Court of the United States determined that the U.S. Const., Amend. V protection against double jeopardy did not prevent a retrial of a defendant, who had previously requested a mistrial.[1]
Quick Facts United States v. Dinitz, Argued December 2, 1975 Decided March 8, 1976 ...
United States v. Dinitz | |
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Argued December 2, 1975 Decided March 8, 1976 | |
Full case name | United States v. Nathan George Dinitz |
Citations | 424 U.S. 600 (more) 96 S. Ct. 1075; 47 L. Ed. 2d 267 |
Case history | |
Prior | On Writ of certiorari to the United States Court of Appeals for the Fifth Circuit |
Holding | |
Where a mistrial was granted with the defendant's consent in the absence of bad faith on part of the prosecution or the judge, there is no violation of double jeopardy when the defendant is put on retrial. | |
Court membership | |
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Case opinions | |
Majority | Stewart, joined by Burger, White, Blackmun, Powell, Rehnquist |
Concurrence | Burger |
Dissent | Brennan, joined by Marshall |
Stevens took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const., Amend. V, |
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