Reversal of Denial of Motion to Dismiss Indictment
In US v. Fisher, No. 10-30424, a drug prosecution, the court reversed the district court's denial of defendant's motion to dismiss the indictment on double-jeopardy grounds, holding that the government did not show -- nor did the record show -- that the district court carefully considered reasonable alternatives before declaring a mistrial.
As the court wrote: "This appeal arises out of a mistrial that the district court declared sua
sponte after two essential prosecution witnesses became unavailable to testify as scheduled. The record demonstrates that there was no manifest necessity for the mistrial. Accordingly, we REVERSE the district court's denial of Fisher's motion to dismiss the indictment on double-jeopardy grounds and we render a judgment of dismissal."
- Read the Fifth Circuit's Decision in US v. Fisher, No. 10-30424