No. 20-5693

In Re Terron Garhard Dizzley

Lower Court: N/A
Docketed: 2020-09-14
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict
Key Terms:
DueProcess FifthAmendment HabeasCorpus Punishment
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the judges ruling that the jury's failure to reach a unanimous decision was not a failure on the jury's part was acquittal and the constitutional prohibition of double jeopardy bars retrial

Question Presented (OCR Extract)

QUESTION PRESENTED . 1. Whether the judges ruling that the jury's failure , ; to reach a unanimus decision was not a failure on the jury's part, (" That's actually a strong message to the prosecution that they ace unable to meet the burden of proof to the . extent that they can bring back a unanimus verdict."); was acquittal and the constitutional prohibition of double , '. jeopardy bars retrial. ; , 2. Whether the judges decision to declare a mistrial hung jury after only two (2) hours and fifty (50) minutes . of deliberation, an hour of that time consumed by questions . . from the jucy and a break, without polling the jury dictated by a “manifest necessity" or "ends of justice," and violated . petitioner Fifth Amendment Rights to have his trial completed . by a particular tribunal. | . ’ . : 3. Whether trial court in Petitioner's second trial lack jurisdiction to impose sentence. .

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-07
Petition for Rehearing filed.
2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-08-31
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2020)

Attorneys

Terron Garhard Dizzley
Terron Garhard Dizzley — Petitioner
Terron Garhard Dizzley — Petitioner