U.S. v. BAUMAN

No. 89-2176.

887 F.2d 546 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Hiram Lee BAUMAN, Pedro Talamas, and John Cary, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 20, 1989.


Attorney(s) appearing for the Case

Beth McGregor (court-appointed), Bailey & McGregor, Houston, Tex., for Bauman.

Frank A. Rubino, Coconut Grove, Fla., for Talamas.

Kent A. Schaffer, Houston, Tex., for Cary.

Scott Bankie, Paula C. Offenhauser, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before DAVIS and SMITH, Circuit Judges, and LITTLE, District Judge.


JERRY E. SMITH, Circuit Judge:

Three defendants seek dismissal of an indictment pending against them after the trial court declared a mistrial. Since all defendants were once put in jeopardy, we must decide whether the fifth amendment to the Constitution bars reprosecution under the facts of this case.

Upon review of the entire record, we conclude that the trial court did not exceed its discretion in finding "manifest necessity" for a mistrial. Accordingly...

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