LOCATION:District Court of Lincoln County
DOCKET NO.: 74-928
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Fifth Circuit
CITATION: 424 US 600 (1976)
ARGUED: Dec 02, 1975
DECIDED: Mar 08, 1976
Fletcher N. Baldwin, Jr. – for respondent
John P. Rupp – for petitioner
Media for United States v. Dinitz
Audio Transcription for Opinion Announcement – March 08, 1976 in United States v. Dinitz
Warren E. Burger:
The judgments and opinion of the Court in 74-928, United States against Dinitz will be announced by Mr. Justice Stewart.
Now, this case is here by way of a writ of certiorari granted to review a judgment of the United States Court of Appeals for the Fifth Circuit.
The question in the case is whether the Double Jeopardy Clause of the Fifth Amendment was violated by the retrial of the respondent on a criminal charge after his original trial had ended in a mistrial, which had been granted at his request.
Under the circumstances presented by the record in his case, rather unusual circumstances, we hold that the Court of Appeals was mistaken in finding that the retrial violated the respondent’s constitutional right not to be twice put in jeopardy.
Accordingly, the judgment before us is reversed and the case is remanded to the Court of Appeals for further proceedings consistent with Court’s written opinion filed with the clerk today.
Mr. Justice Stevens took no part in the consideration or decision of the case.
The Chief Justice has filed a concurring opinion and Mr. Justice Brennan has filed a dissenting opinion which Mr. Justice Marshall has joined.