IN RE DISBARMENT OF FITZPATRICK

Citator

Cited By

• Koenig v. State, 497 So. 2d 875 (Fla. 3d DCA 1986)
  …beginning of jury selection and certainly when, as here, the exact make-up of the particular “tribunal,” the jury, has been finally determined. See Crist, 437 U.S. at 38, 98 S.Ct. at 2162, 57 L.Ed.2d at 33 (Blackmun, J., concurring); Crist v. Cline, 434 U.S. 980, 980 n. 2, 98 S.Ct. 603, 604 n. 2, 54 L.Ed.2d 475, 475 n. 2 (1977) (Marshall, J., dissenting to order restoring case to calendar). See generally Schulhofer, Jeopardy and Mistrials, 125 U.Pa.L.Rev. 449, 512-14 (1977). This line of reasoning would…
• Crist v. Bretz, 437 U.S. 28 (U.S. 1978)
  …pardy, jeopardy attaches in a criminal trial when the jury is empaneled and sworn. We postponed consideration of probable jurisdiction sub nom. Crist v. Cline, 430 U. S. 982, and the case was argued. Thereafter the case was set for [*32] reargument, 434 U. S. 980, and the parties were asked to address the following two questions: “1. Is the rule heretofore applied in the federal courts— that jeopardy attaches in jury trials when the jury is sworn — constitutionally mandated? “2. Should this Court hold that…
• United States v. Williams, 622 F.2d 830 (5th Cir. 1980)
  …propriate for us to do so. I submit that those of my brethren who have joined in the separate opinion authored by Judges Gee and Vance and published as Part II, are “ ‘reaching] out’ for a vehicle to change a long line of precedent,” Crist v. Cline, 434 U.S. 980, 981, 98 S.Ct. 603, 604, 54 L.Ed.2d 475 (1977) (Marshall, J., dissenting from order restoring case to calendar for oral argument), and that their doing so will have harmful results apart from the merit or lack of merit of their views. In his dissen…