DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
953760P.pdf 07/05/1996 USA v. Kenneth Givens
U.S. Court of Appeals Case No: 95-3760
and No: 95-3762
and No: 95-3761
Eastern District of Missouri
Criminal law - When district court determined one of the three defendants'
attorney was to be called as a witness, court should have severed cases and
should not have declared a mistrial; since the mistrial was not a manifest
necessity, double jeopardy bars retrial of the two defendants not
represented by the attorney/witness; however, the defendant represented
by the attorney/witness may be retried since disqualification of his
attorney made mistrial a necessity.