Opinion · Supreme Court of the United States

Lyles v. United States

449 U.S. 1087

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1981-01-12
Topic
general

How later courts describe this case

  • finding that defense counsel’s failure to object to mistrial, and his discussion of defendant’s retrial, amounted to implied consent to court’s sua sponte declaration of mistrial
  • finding consent where, after the judge declared a mistrial but before he dismissed the jury, the judge and attorneys held a discussion in which retrial was anticipated and no objections were made to the mistrial
  • “Defense counsel did not object to the order of mistrial, despite adequate opportunity to do so.”
  • “as a general rule the unavailability of an irreplaceable juror makes a mistrial manifestly necessary”

Citator

UpLaw has not yet analyzed Lyles v. United States. The absence of a flag is not a finding that it is good law.

Cited by
23 opinions

C. A. 4th Cir. Certiorari denied.