U.S. v. CROTWELL

No. 88-1799.

896 F.2d 437 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Forrest Vincent CROTWELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 12, 1990.


Attorney(s) appearing for the Case

Susan L. Foreman, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, Denver, Colo., with her on the briefs), for defendant-appellant.

Susan Pennington, Asst. U.S. Atty., Tulsa, Okl. (Tony M. Graham, U.S. Atty., and Kenneth P. Snoke, Asst. U.S. Atty., Tulsa, Okl., on the brief), for plaintiff-appellee.

Before BALDOCK and EBEL, Circuit Judges, and CONWAY, District Judge.


EBEL, Circuit Judge.

This case presents the issue of whether the retrial and conviction of defendant-appellant Forrest Vincent Crotwell, after a mistrial had been declared over Crotwell's objection, violated the Double Jeopardy Clause of the Fifth Amendment. Because we believe that the mistrial was not a "manifest necessity," we reverse Crotwell's convictions on grounds of double jeopardy.

Facts

On May 5, 1987, a federal grand jury returned...

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