illinois
somerville
argued
november
decided
february
respondent
brought
trial
indictment
developed
evidence
presented
contained
defect
illinois
law
cured
amendment
appeal
asserted
overturn
judgment
conviction
trial
judge
declared
mistrial
respondent
objection
following
respondent
reindicted
tried
convicted
thereafter
petitioned
habeas
corpus
ultimately
granted
ground
jeopardy
attached
jury
initially
impaneled
sworn
second
trial
constituted
double
jeopardy
held
circumstances
case
trial
judge
action
declaring
mistrial
rational
determination
designed
implement
legitimate
state
policy
suggestion
policy
manipulated
respondent
prejudice
declaration
mistrial
therefore
required
manifest
necessity
ends
public
justice
double
jeopardy
clause
fifth
amendment
made
applicable
fourteenth
bar
respondent
retrial
pp
reversed
rehnquist
delivered
opinion
burger
stewart
blackmun
powell
joined
white
filed
dissenting
opinion
douglas
brennan
joined
post
marshall
filed
dissenting
opinion
post
james
gildea
assistant
attorney
general
illinois
argued
cause
petitioner
brief
william
scott
attorney
general
james
zagel
assistant
attorney
general
ronald
alwin
argued
cause
respondent
brief
martin
gerber
justice
rehnquist
delivered
opinion
must
decide
whether
declaration
mistrial
defendant
objection
trial
concluded
indictment
insufficient
charge
crime
necessarily
prevents
state
subsequently
trying
defendant
valid
indictment
hold
mistrial
met
manifest
necessity
requirement
cases
since
trial
reasonably
concluded
ends
public
justice
defeated
allowed
trial
continue
therefore
double
jeopardy
clause
fifth
amendment
made
applicable
due
process
clause
fourteenth
amendment
benton
maryland
bar
retrial
valid
indictment
march
respondent
indicted
illinois
grand
jury
crime
theft
case
called
trial
jury
impaneled
sworn
november
following
day
evidence
presented
prosecuting
attorney
realized
indictment
fatally
deficient
illinois
law
allege
respondent
intended
permanently
deprive
owner
property
applicable
illinois
criminal
statute
intent
necessary
element
crime
theft
failure
allege
intent
renders
indictment
insufficient
charge
crime
illinois
constitution
time
indictment
sole
means
criminal
proceeding
might
commenced
defendant
illinois
provides
formal
defects
one
may
cured
amendment
combined
operation
rules
illinois
procedure
substantive
law
meant
defect
indictment
jurisdictional
waived
defendant
failure
object
asserted
appeal
proceeding
overturn
final
judgment
conviction
faced
situation
illinois
trial
concluded
proceedings
defective
indictment
useless
granted
state
motion
mistrial
november
grand
jury
handed
second
indictment
alleging
requisite
intent
respondent
arraigned
two
weeks
first
trial
aborted
raised
claim
double
jeopardy
overruled
second
trial
commenced
shortly
thereafter
jury
returned
verdict
guilty
sentence
imposed
illinois
courts
upheld
conviction
respondent
sought
federal
habeas
corpus
alleging
conviction
constituted
double
jeopardy
contrary
prohibition
fifth
fourteenth
amendments
seventh
circuit
affirmed
denial
habeas
corpus
prior
decision
jorn
respondent
petition
certiorari
granted
case
remanded
reconsideration
light
jorn
downum
remand
seventh
circuit
held
respondent
petition
habeas
corpus
granted
although
tried
acquitted
ball
benton
maryland
jeopardy
attached
jury
impaneled
sworn
declaration
mistrial
respondent
objection
precluded
retrial
valid
indictment
reasons
stated
reverse
judgment
ii
fountainhead
decision
construing
double
jeopardy
clause
context
declaration
mistrial
defendant
objection
perez
wheat
justice
story
writing
unanimous
set
forth
standards
determining
whether
retrial
following
declaration
mistrial
defendant
objection
constitutes
double
jeopardy
within
meaning
fifth
amendment
holding
failure
jury
agree
verdict
either
acquittal
conviction
bar
retrial
defendant
justice
story
wrote
think
cases
nature
law
invested
courts
justice
authority
discharge
jury
giving
verdict
whenever
opinion
taking
circumstances
consideration
manifest
necessity
act
ends
public
justice
otherwise
defeated
exercise
sound
discretion
subject
impossible
define
circumstances
render
proper
interfere
sure
power
used
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caution
urgent
circumstances
plain
obvious
causes
capital
cases
especially
courts
extremely
careful
interfere
chances
life
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prisoner
right
order
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security
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faithful
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rests
cases
upon
responsibility
judges
oaths
office
asked
adopt
cornero
rule
petitioner
contends
absence
witnesses
never
justify
discontinuance
trial
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formula
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guiding
principles
perez
decision
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principles
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courts
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whether
trial
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take
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mechanical
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principles
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judge
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justice
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mistrial
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without
defendant
consent
even
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fifth
amendment
perez
supra
logan
held
manifest
necessity
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discharge
juries
unable
reach
verdicts
therefore
double
jeopardy
clause
bar
retrial
cf
keerl
montana
dreyer
illinois
simmons
trial
judge
dismissed
jury
defendant
objection
one
jurors
acquainted
defendant
therefore
probably
prejudiced
government
held
trial
judge
properly
exercised
power
prevent
defeat
ends
public
justice
thompson
mistrial
declared
trial
judge
learned
one
jurors
disqualified
member
grand
jury
indicted
defendant
similarly
lovato
new
mexico
defendant
demurred
indictment
demurrer
overruled
jury
sworn
district
attorney
realizing
defendant
pleaded
indictment
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overruled
moved
discharge
jury
arraignment
defendant
pleading
jury
discharged
defendant
pleaded
guilty
jury
impaneled
verdict
guilty
rendered
cases
held
double
jeopardy
clause
bar
reprosecution
virtually
cases
turn
particular
facts
thus
escape
meaningful
categorization
see
gori
supra
wade
hunter
supra
possible
distill
general
approach
premised
public
justice
policy
enunciated
perez
situations
presented
case
trial
judge
properly
exercises
discretion
declare
mistrial
impartial
verdict
reached
verdict
conviction
reached
reversed
appeal
due
obvious
procedural
error
trial
error
make
reversal
appeal
certainty
serve
ends
public
justice
require
government
proceed
proof
succeeded
jury
automatically
stripped
success
appellate
substantially
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thompson
supra
lovato
new
mexico
supra
declaration
mistrial
basis
rule
defective
procedure
lend
prosecutorial
manipulation
involve
entirely
different
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cf
downum
supra
situation
cases
instant
case
downum
defendant
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counts
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emphasized
ach
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supra
government
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judge
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witnesses
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situated
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judge
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mistrial
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witnesses
opportunity
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plea
bar
double
jeopardy
attempted
second
trial
defendant
plurality
opinion
emphasizing
importance
defendant
proceeding
first
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sworn
concluded
apparent
record
consideration
given
possibility
trial
continuance
indeed
trial
judge
acted
abruptly
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jury
prosecutor
disposed
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continuance
defendant
object
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jury
opportunity
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examines
circumstances
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jury
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abundantly
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trial
judge
made
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sponte
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perez
therefore
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conclude
circumstances
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appellee
reprosecution
violate
double
jeopardy
provision
fifth
amendment
iii
respondent
advances
two
arguments
support
conclusion
double
jeopardy
clause
precluded
second
trial
instant
case
first
since
ball
held
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obtained
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indictment
upon
defendant
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downum
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jeopardy
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supra
respondent
interprets
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affirmance
emphasizing
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right
trial
completed
particular
tribunal
jorn
supra
quoting
wade
hunter
respondent
contends
circumstances
justify
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right
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first
contention
precisely
type
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perez
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indictment
precludes
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ball
supra
three
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year
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emphasis
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believe
light
state
established
rules
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judge
declaration
mistrial
abuse
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since
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benton
maryland
supra
federal
courts
confronted
claims
arise
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existing
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quick
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simply
state
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statute
rule
serve
legitimate
state
policy
last
term
recognizing
fact
dismissed
writ
certiorari
improvidently
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case
involving
claim
double
jeopardy
stemming
dismissal
indictment
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criminal
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peculiar
individual
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followed
retrial
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instant
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judge
terminated
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indictment
matter
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law
curable
amendment
illinois
courts
held
even
judgment
conviction
become
final
defendant
may
released
habeas
corpus
defect
indictment
deprives
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prohibiting
amendment
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defects
indictments
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implement
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policy
preserving
right
defendant
insist
criminal
prosecution
commenced
action
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jury
trial
judge
faced
situation
similar
simmons
lovato
thompson
procedural
defect
might
preclude
public
either
obtaining
impartial
verdict
keeping
verdict
conviction
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jury
mistrial
constitutionally
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situations
state
policy
implemented
conducting
second
trial
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appeal
thus
wasting
time
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trial
judge
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rational
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manipulated
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delay
minimal
mistrial
illinois
law
way
defect
indictment
corrected
given
established
standard
discretion
set
forth
perez
gori
hunter
say
declaration
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public
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replete
approving
references
wade
hunter
supra
latter
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stated
provision
fifth
amendment
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mean
every
time
defendant
put
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competent
tribunal
entitled
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fails
end
final
judgment
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create
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justice
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wade
hunter
omitted
emphasis
added
reversed
footnotes
see
constitution
illinois
art
ii
state
constitution
amended
provision
retained
first
paragraph
art
justice
white
justice
douglas
justice
brennan
join
dissenting
purposes
double
jeopardy
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jeopardy
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trial
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green
wade
hunter
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downum
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placed
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despite
fact
indictment
defective
illinois
law
benton
maryland
ball
question
remains
however
whether
facts
case
present
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defendant
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quoting
wade
hunter
final
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asserts
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defective
indictment
thus
wasting
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majority
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insist
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commenced
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jury
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illinois
procedural
rules
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amendment
indictments
conceding
reasonableness
policy
must
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inability
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indictment
come
play
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