United States v. Davis, No. 12-10938 (11th Cir. 2013)
Annotate this CaseDefendant and five codefendants were charged in a 16-count indictment with various offenses arising out of their participation in seven armed robberies. Defendant filed this interlocutory appeal after his motion to dismiss the indictment on double jeopardy grounds was dismissed. The court held that the district court did not abuse its discretion in refusing to dismiss the indictment on double jeopardy grounds where the dismissal of a certain juror was manifestly necessary and the trial could not proceed with fewer than twelve jurors unless defendant stipulated to that in writing, which he did not. The court rejected defendant's contention that the district court failed to comply with the notice and consultation requirement before declaring a mistrial because, given the circumstances, the district court's failure to do so was not reversible. Accordingly, the court affirmed the judgment.
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