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Illinois v. Somerville

United States Supreme Court
410 U.S. 458 (1973)


Facts

The defendant was indicted for theft. The jury was sworn, but before any evidence was presented, the state moved for a mistrial, which the defendant opposed, and the trial court granted it. The state claimed that the indictment was fatally defective because it failed to allege the requisite intent. At a new trial, the defendant was convicted and sought habeas relief. He alleged the second trial violated his constitutional rights under the Double Jeopardy Clause.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

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Holding and Reasoning (Rehnquist, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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