Crist, Warden, Et Al. v. Cline Et Al.

434 U.S. 980

Opinions

C. A. 9th Cir. [Probable jurisdiction postponed, 430 U. S. 982.] Case restored to calendar for reargument. Counsel requested to brief and discuss during oral argument the following 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 the Constitution does not require jeopardy to attach in any trial — state or federal, jury or nonjury — until the first witness is sworn?

The Solicitor General is invited to file a brief expressing the views of the United States on each of these questions.