U.S. v. RAZMILOVIC

Docket Nos. 06-4195-cr (Lead), 06-4198-cr (CON).

498 F.3d 136 (2007)

UNITED STATES of America, Appellee, v. Tomo RAZMILOVIC, Kenneth Jaeggi, Brian Burke, Defendants, and Michael DeGennaro, Frank Borghese, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 27, 2007.


Attorney(s) appearing for the Case

David James, Assistant United States Attorney, of counsel, (Eric O. Corngold, Chief Assistant United States Attorney, of counsel, on the brief), for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.

Michael S. Sommer (Eugene I. Goldman on the brief), McDermott Will & Emery LLP, New York, NY, for Defendant-Appellant Michael DeGennaro.

Bradley D. Simon (Brian D. Waller, Jeremy Weintraub on the brief), Simon & Partners LLP, New York, NY, for Defendant-Appellant Frank Borghese.

Before: MINER, KATZMANN, Circuit Judges, and MURTHA, District Judge.


KATZMANN, Circuit Judge:

The decision by a district court to declare a mistrial is of great consequence.

The case at hand calls on us to review such a ruling, to determine whether it was an abuse of discretion for a trial court to decide that a single jury note indicating deadlock created a "manifest necessity" to declare a mistrial. On the record before us, we conclude that it was. We therefore hold that retrial of defendants-appellants Michael DeGennaro...

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