No. 23-622

Dale Thrush v. United States

Lower Court: Sixth Circuit
Docketed: 2023-12-08
Status: Denied
Type: Paid
Response Waived
Tags: arizona-v-washington circuit-split constitutional-review double-jeopardy fifth-amendment manifest-necessity mistrial-standard prosecution-evidence standard-of-review trial-court-discretion
Latest Conference: 2024-01-05
Question Presented (from Petition)

1. Whether this Court should adopt an objectively reasonable approach when evaluating whether the trial court's declaration of a mistrial was supported by manifest necessity and resolve the split in the approaches as to the level of scrutiny utilized among the First, Fourth, and Sixth Circuits.

2. Whether the standard of review of a trial court's determination of manifest necessity for a mistrial under Arizona v. Washinton, 434 U.S. 497, 508-09 (1978), requires a higher level of scrutiny than the most relaxed scrutiny utilized by the Sixth Circuit in this case, when the mistrial is in part based on the absence of critical prosecution evidence, as would be determined in the Fourth Circuit under Seay v. Connor, 927 F.3d 776 (4th Cir. 2019).

Question Presented (AI Summary)

Whether the trial court's declaration of a mistrial was supported by manifest necessity

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-14
Waiver of right of respondent United States to respond filed.
2023-12-06

Attorneys

Dale Thrush
Venar Raad AyarAyar Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent