COMMONWEALTH v. COUSIN


449 Mass. 809 (2007)

COMMONWEALTH v. JOSEPH COUSIN.

Supreme Judicial Court of Massachusetts, Suffolk.

September 24, 2007.


Attorney(s) appearing for the Case

Willie J. Davis for the defendant.

John P. Zanini, Assistant District Attorney (Joshua Wall, Assistant District Attorney, with him) for the Commonwealth.

The following submitted briefs for amici curiae:

Martha Coakley, Attorney General, & Pamela L. Hunt, Assistant Attorney General, for the Attorney General.

Ruth T. Dowling, Stephen G. Huggard, Hilary B. Dudley, Nina L. Pickering, & Emily M. Smith for Lawyers Committee for Civil Rights Under Law of the Boston Bar Association & others.

Gregory I. Massing, Special Assistant Attorney General, Catherine P. Bailey, & Erin Deveney for Executive Office of Public Safety and Security.

John M. Thompson for Committee for Public Counsel Services.

Present: Marshall, C.J., Ireland, Spina, Cowin, & Cordy, JJ.


COWIN, J.

At a murder trial, the judge excused three deliberating jurors on the ground that they had not disclosed their criminal records in response to the juror questionnaire. As insufficient jurors then remained to continue deliberations, the judge determined that "manifest necessity" required her to declare a mistrial. To determine whether principles of double jeopardy now bar further prosecution of the defendant, we must decide whether the prosecutor was authorized...

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