FISHMAN

v.

HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By (30 total)

• Lebron v. State, 799 So. 2d 997 (Fla. 2001)
  …tates v. Brack, 747 F. 2d 1142, 1148 (7th Cir.1984) (regardless of the sufficiency of the evidence presented at the first trial, when first trial ended in mistrial due to a hung jury, no valid double jeopardy claim to prevent retrial), cert. denied, 469 U.S. 1216, 105 S.Ct. 1193, 84 L.Ed.2d 339 (1985); Berry v. State, 458 So. 2d 1155, 1156 (Fla. 1st DCA 1984) (double jeopardy applies only if there has been some event, such as an acquittal, that terminates the original jeopardy; the failure of a jury to reach…
• Rose v. Dugger, 508 So. 2d 321 (Fla. 1987)
  …tates v. Brack, 747 F. 2d 1142, 1148 (7th Cir.1984) (regardless of the sufficiency of the evidence presented at the first trial, when first trial ended in mistrial due to a hung jury, no valid double jeopardy claim to prevent retrial), cert. denied, 469 U.S. 1216, 105 S.Ct. 1193, 84 L.Ed.2d 339 (1985); Berry v. State, 458 So. 2d 1155, 1156 (Fla. 1st DCA 1984) (double jeopardy applies only if there hás been some event, such as an acquittal, that terminates the original jeopardy; the failure of a jury to reach…
• Dole Duncan v. State, 525 So. 2d 938 (Fla. 3d DCA 1988)
  …s v. Gonzalez, 719 F. 2d 1516 (11th Cir.1983), cert. denied, 465 U.S. 1037, 104 S.Ct. 1312, 79 L.Ed.2d 710 (1984), and in United States v. Zielie, 734 F. 2d 1447 (11th Cir.1984), cert. denied, 469 U.S. 1189, 105 S.Ct. 957, 83 L.Ed.2d 964 (1985), and 469 U.S. 1216, 105 S.Ct. 1192, 84 L.Ed.2d 338 (1985). In both cases, the court found double jeopardy arguments to be meritless in part because “the government gained no advantage by the mistrial since the evidence adduced at the second trial was the same as tha…