No. 18-1283
Response Waived
Tags: consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano
Latest Conference:
2019-10-01
Question Presented (from Petition)
If the underlying reason for a sua sponte declaration of mistrial was in plain error, does Olano v. United States override the consent requirement of Oregon v. Kennedy? Also, does expressing a desire to continue with the tribunal satisfy the consent requirement of Oregon v. Kennedy?
Question Presented (AI Summary)
Whether the underlying reason for a sua sponte declaration of mistrial was plain error that overrides the consent requirement of Oregon v. Kennedy, and whether expressing a desire to continue with the tribunal satisfies the consent requirement of Oregon v. Kennedy
Docket Entries
2019-10-07
Petition DENIED.
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Waiver of right of respondent State of Texas to respond filed.
2019-05-16
Motion to extend the time to file a response is granted and the time is extended to and including July 9, 2019.
2019-05-10
Motion to extend the time to file a response from May 10, 2019 to July 9, 2019, submitted to The Clerk.
2019-04-04
Petition for a writ of certiorari filed. (Response due May 10, 2019)
Attorneys
Joseph Montano
Raymond Fredric Coldren — Rene Gonzalez & Associates, P.L.L.C, Petitioner
State of Texas
David W. Barr — Harris County District Attorney's Office, Respondent