Home/Fifth Circuit/United States v. Robert Richard Mutchler and Mike Byrn Green

United States v. Robert Richard Mutchler and Mike Byrn Green

566 F.2d 1044
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 3, 1978
Docket76-1914
StatusPublished
Cited by9 cases

This text of 566 F.2d 1044 (United States v. Robert Richard Mutchler and Mike Byrn Green) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Robert Richard Mutchler and Mike Byrn Green, 566 F.2d 1044 (5th Cir. 1978).

Opinion

PER CURIAM:

Upon reconsideration of our September 21, 1977; opinion in this case reported at 559 F.2d 955 (5 Cir. 1977), the following changes are hereby made.

(1) The following footnote “2” shall be added at the end of the word “challenges” line twelve from the top of the second column, 559 F.2d at page 958.

“Prosecutions clearly are ‘similar’ where they involve the same offense, the same prosecuting witnesses and the same prosecutor. That is the rule of this case. We decline to speculate whether prosecution for a related offense or other variations and combinations of these elements would render a particular situation dissimilar. That issue should be resolved in the context of determining the impact of such circumstances on an informed, meaningful exercise of the defendants’ right to preemptory challenges.”

(2) Footnote 2 of the September 21, 1977 opinion shall be renumbered as footnote “3”, 559 F.2d at page 959.

(3) The second and third full paragraphs on page 959 of the September 21, 1977, opinion reported at 559 F.2d 955 (5 Cir. 1977), shall be deleted.

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566 F.2d 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-richard-mutchler-and-mike-byrn-green-ca5-1978.