No. 19-828

Charles Garske, et al. v. United States

Lower Court: First Circuit
Docketed: 2019-12-31
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-law criminal-procedure double-jeopardy government-misconduct manifest-necessity mistrial oregon-v-kennedy retrial united-states-v-perez
Latest Conference: 2020-02-21
Question Presented (from Petition)

For purposes of determining whether the Double Jeopardy Clause bars a second prosecution, does the test enunciated in Oregon v. Kennedy, 456 U.S. 667 (1982), apply when the government caused the mistrial, and the mistrial was entered over the defendant's objection?

Question Presented (AI Summary)

Whether the Double Jeopardy Clause bars a second prosecution when the government caused the mistrial and it was entered over the defendant's objection

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2020-01-07
Waiver of right of respondent United States of America to respond filed.
2019-12-19
Petition for a writ of certiorari filed. (Response due January 30, 2020)

Attorneys

Charles Garske, et al.
Justine Aleta HarrisSher Tremonte LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent