NATHANIEL MORELAND, PETITIONER,
v.
THE HONORABLE ARTHUR I. SNYDER, AS JUDGE OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTY, RESPONDENT
NATHANIEL MORELAND, PETITIONER,
THE HONORABLE ARTHUR I. SNYDER, AS JUDGE OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTY, RESPONDENT
459 So. 2d 1167
Florida District Court of Appeal, Third District (1984)
Opinion of the Court
PER CURIAM.
Upon the conclusion that there was plainly no “manifest necessity” to justify the trial court’s sua sponte declaration of a mistrial after the jury had been sworn below, see Corneiro v. Solomon, 450 So. 2d 599 (Fla. 3d DCA 1984); State v. McNeil, 362 So. 2d 93 (Fla. 1st DCA 1978),1 we grant the defendant’s petition for prohibition to preclude his retrial in violation of his rights against double jeopardy.2
. The state relies on Edwards v. State, 336 So. 2d 447 (Fla. 3d DCA 1976). We distinguish the case on its facts without endorsing or repudiating its holding.
. We are sure that the issuance of the formal writ will not be required.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Corneiro v. The Honorable Harold Solomon, 450 So. 2d 599 (Fla. 3d DCA 1984)
- Smith v. State of Fla. ex. rel. David H. Bludworth, 362 So. 2d 93 (Fla. 4th DCA 1978)
- State v. McNEIL, 362 So. 2d 93 (Fla. 1st DCA 1978)
- Edwards v. State, 336 So. 2d 447 (Fla. 3d DCA 1976)