Is there any difference between a motion made immediately after the mistrial was declared at the first trial and subsequently denied at the second?
MultiRegion, United States of America
The following excerpt is from U.S. v. MacQueen, 596 F.2d 76 (2nd Cir. 1979):
3 The motion referred to is the motion made immediately after the mistrial was declared at the first trial, and denied immediately prior to the start of the second trial. Somewhat inconsistently, however, the evidence discussed in Siniscalchi's brief was that developed at the second trial.
4 See United States v. DeFillipo, 590 F.2d 1228 at 1233 (2d Cir. 1979).
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