United States v. Sanford

Background

A group of people were indicted for illegal game hunting in Yellowstone National Park and tried in federal court. The jury could not agree and the judge declared a mistrial. Months later, while the Government prepared to try them again, the defendants moved to dismiss the indictment and the District Court dismissed it, saying the Government had consented to the activities forming the charge. The Government appealed and the Court of Appeals held the Double Jeopardy Clause barred retrial.

Reasoning

The Supreme Court agreed that jeopardy attached when the jury was empaneled for the first trial but focused on why the trial ended. The Court explained that a mistrial declared by the judge because the jury is deadlocked fits the old Perez rule: when a mistrial is necessary, retrial is allowed and double jeopardy does not bar a new trial. The Court also relied on its earlier decision about appeals from dismissals, saying a dismissal before a trial the Government had the right to pursue can be appealed under 18 U.S.C. §3731, and a successful appeal can lead to a trial without violating double jeopardy. The Supreme Court reversed the Court of Appeals and sent the case back for further proceedings consistent with that view.

Real world impact

The decision means prosecutors can appeal some pretrial dismissals and seek retrial after a judge-declared mistrial for a hung jury. It does not decide guilt or innocence; it only allows the Government to continue the prosecution process if an appeal succeeds.

Dissents or concurrances

Justices Brennan and Marshall dissented from the summary reversal and would have scheduled full oral argument before deciding the case further.