§Why CasetextPricing

In the Matter of Catherine A. Gorman, Appellant,v.Kathleen M. Rice,, Respondent, et al., Respondent.

Brief

22 Cited authorities

  1. United States v. Dinitz

    424 U.S. 600 (1976)   Cited 1,261 times   4 Legal Analyses
    Holding that the Double Jeopardy Clause bars retrial when the misconduct is aimed at “afford[ing] the prosecution a more favorable opportunity to convict the defendant”

  2. Allen v. United States

    164 U.S. 492 (1896)   Cited 2,811 times   3 Legal Analyses
    Holding that a trial court may encourage a deadlocked jury to continue deliberating provided it does so noncoercively

  3. People v. Ferguson

    67 N.Y.2d 383 (N.Y. 1986)   Cited 189 times   2 Legal Analyses
    Holding that defense counsel validly waived a double jeopardy claim by assenting to a mistrial when defendant was not consulted or present

  4. People v. McBride

    2010 N.Y. Slip Op. 3473 (N.Y. 2010)   Cited 83 times
    In McBride, the Court identified some such factors relied on by other courts—ranging from whether the police have probable cause to believe a defendant is the perpetrator of the crime, to the likelihood that a defendant will escape if not swiftly apprehended.

  5. People v. Minaya

    54 N.Y.2d 360 (N.Y. 1981)   Cited 156 times   1 Legal Analyses
    Holding that correction of sentence to conform with plea agreement did not violate double jeopardy because the defendant had no legitimate expectation of finality

  6. People v. Taylor

    80 N.Y.2d 1 (N.Y. 1992)   Cited 100 times
    Describing requirements for admission of past recollections recorded

  7. United States v. Goldstein

    479 F.2d 1061 (2d Cir. 1973)   Cited 98 times
    Holding that a defendant can impliedly consent to mistrial by failure to object

  8. U.S. v. Razmilovic

    498 F.3d 136 (2d Cir. 2007)   Cited 24 times   1 Legal Analyses
    Finding mistrial declaration to be an abuse of discretion when "nothing in the record . . . suggested

  9. Camden v. Circuit Court of Second Judicial

    892 F.2d 610 (7th Cir. 1989)   Cited 45 times
    Finding "minimal but adequate opportunity to object" where after mistrial declaration counsel and the court thanked the jurors and set a retrial date

  10. Reback v. Reback

    73 A.D.3d 890 (N.Y. App. Div. 2010)   Cited 16 times

    No. 2009-04541. May 11, 2010. In a matrimonial action in which the parties were divorced by judgment dated August 30, 2007, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Scarpino, J.), entered April 2, 2009, as granted that branch of the plaintiffs motion which was, in effect, to clarify so much of the judgment of divorce as obligated him to pay two-thirds of the college costs of the parties' children, and denied that branch of