COMMONWEALTH v. CASSIDY

No. 90-P-436.

29 Mass. App. Ct. 651 (1990)

564 N.E.2d 400

COMMONWEALTH vs. STEPHEN CASSIDY.

Appeals Court of Massachusetts, Hampshire.

December 28, 1990.


Attorney(s) appearing for the Case

S. Thomas Martinelli for the defendant.

Ariane D. Vuono, Assistant District Attorney, for the Commonwealth.

Present: KASS, FINE, & IRELAND, JJ.


IRELAND, J.

This case was reported to us by a Superior Court judge in response to a motion to dismiss an indictment on double jeopardy grounds after a trial ended in a mistrial. We must determine whether "manifest necessity" justified the declaration of a mistrial. After jury deliberations began, the jury foreperson informed the trial judge about a previously undisclosed experience of one juror that raised a question of possible juror bias. After two conferences with...

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