United States v. Dinitz

Facts

The respondent, Nathan Dinitz, was arrested on December 8, 1972, following the return of an indictment charging him with conspiracy to distribute LSD and with distribution of that controlled substance. On the day of his arrest, respondent retained a lawyer named Jeffrey Meldon to represent him. The judge asked Meldon if he was prepared to proceed with the trial. Upon learning that Meldon had not discussed the case with the witnesses, the judge gave Meldon until 9 o’clock the following morning to prepare. The next morning, Meldon told the judge that the respondent wanted Wagner and not himself or Baldwin to try the case. The judge then set forth three alternative courses that might be followed. Meldon then moved for a mistrial, stating that, after full consideration of the situation and an explanation of the alternatives, the respondent feels that he would move for a mistrial and that this would be in his best interest. The judge thereupon declared a mistrial. Before his second trial, the respondent moved to dismiss the indictment on the ground that a retrial would violate his Double Jeopardy Clause. This motion was denied.