No. 18-6270

Cornelius Lynch v. Ohio

Lower Court: Ohio
Docketed: 2018-10-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law constitutional-protection criminal-procedure defendant-rights double-jeopardy double-jeopardy,criminal-procedure,constitutional- due-process mistrial retrial trial-procedure
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2018-11-09
Question Presented (AI Summary)

May a state, consistent with the protections of the Double Jeopardy Clause, try a defendant a second time when the first trial ended in a mistrial which was not manifestly necessary and that was declared over the specific and personal objection of the defendant?

Question Presented (OCR Extract)

QUESTION PRESENTED May a state, consistent with the protections of the Double Jeopardy Clause, try a defendant a second time when the first trial ended in a mistrial which was not manifestly necessary and that was declared over the specific and personal objection of the defendant? ii

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-23
Waiver of right of respondent Ohio to respond filed.
2018-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2018)

Attorneys

Cornelius Lynch
Jeffrey M. Gamso — Petitioner
Ohio
Katherine Elizabeth MullinOffice of the Cuyahoga County Prosecutor, Michael C. O'Malley, Respondent