U.S. v. WASHINGTON

Nos. 98-2212, 99-1252.

198 F.3d 721 (1999)

UNITED STATES of America, Appellee, v. Timothy C. WASHINGTON, also known as Timothy Charles Washington, also known as Timothy Washington, also known as Timmy S. Washington, also known as Timmy Washington, also known as Tim Washington, also known as Baby Fly Washington, also known as Lester Baby Fly Jackman, also known as Lester Jackman, also known as Prion C. Washington, also known as Perrion Charles Washington, also known as Perrion Keesee Washington, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 27, 1999.


Attorney(s) appearing for the Case

Alan G. Stolar, Omaha, Nebraska, argued (Jerry M. Hug, on the brief), for Appellant.

Sara Elizabeth Fullerton, Assistant U.S. Attorney, Lincoln, Nebraska, argued (Thomas J. Monaghan, on the brief), for Appellee.

Before: BEAM, FLOYD R. GIBSON, and WELLFORD, Circuit Judges.


BEAM, Circuit Judge.

Timothy Washington sat silent in the courtroom while his counsel made numerous motions for a mistrial at Washington's first trial on drug trafficking charges. The district court2 ultimately granted counsel's last mistrial motion. Washington was subsequently re-tried and convicted. He now claims a mistrial should neither have been sought nor granted because his counsel did not allow him to make that decision. He also...

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