RAY v. COMMONWEALTH

SJC-11156.

463 Mass. 1 (2012)

MICHAEL RAY v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

July 24, 2012.


Attorney(s) appearing for the Case

Anne Rousseve , Committee for Public Counsel Services, for the defendant.

Paul B. Linn , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


LENK, J.

Michael Ray (defendant) was tried before a jury in the Superior Court. After the jury indicated that they were unable to reach a verdict, the judge declared a mistrial. Prior to retrial, the defendant filed a motion to dismiss the indictments against him on double jeopardy grounds. The trial judge (the same judge as at his first trial) denied that motion, finding that the prior declaration of mistrial was justified by manifest necessity. The defendant sought...

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