Nicholas Sicellon v. Commonwealth / Jerion Moore v. Commonwealth

Summary

The Massachusetts Supreme Judicial Court affirmed the single justice’s denial of extraordinary relief, holding that the trial judge properly declared a mistrial because manifest necessity existed, that the judge correctly exercised discretion under G.L. c. 234A, §68C by not seeking juror consent, and that the evidence was sufficient to identify the defendants, so double jeopardy does not bar a retrial.