Illinois v. Somerville,
410 U.S. 458 (1973)

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U.S. Supreme Court

Illinois v. Somerville, 410 U.S. 458 (1973)

Illinois v. Somerville

No. 71-692

Argued November 13, 1972

Decided February 27, 1973

410 U.S. 458


Respondent was brought to trial under an indictment which, it developed before any evidence was presented, contained a defect that, under Illinois law, could not be cured by amendment and that, on appeal, could be asserted to overturn any judgment of conviction. The trial judge declared a mistrial over respondent's objection, following which respondent was reindicted, tried, and convicted. He thereafter petitioned for habeas corpus, which was ultimately granted on the ground that, jeopardy having attached when the jury was initially impaneled and sworn, the second trial constituted double jeopardy.

Held: Under the circumstances of this case, the trial judge's action in declaring a mistrial was a rational determination designed to implement a legitimate state policy, with no suggestion that the policy was manipulated to respondent's prejudice. The declaration of a mistrial was therefore required by "manifest necessity" and the "ends of public justice," and the Double Jeopardy Clause of the Fifth Amendment as made applicable to the States by the Fourteenth did not bar respondent's retrial. Pp. 410 U. S. 461-471.

447 F.2d 733, reversed.

REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, BLACKMUN, and POWELL, JJ., joined. WHITE, J., filed a dissenting opinion, in which DOUGLAS and BRENNAN, JJ., joined, post, p. 410 U. S. 471. MARSHALL, J., filed a dissenting opinion, post, p. 410 U. S. 477.

Page 410 U. S. 459

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