United States v. Martin Linen Supply Co

In United States v. Martin Linen Supply Co. (1977) 430 U.S. 564, the court held that a trial court order made after the jury deadlocked was not appealable, but stated that there would be no double jeopardy problem with an appeal when a guilty verdict could be restored. (Martin Linen, supra, 430 U.S. at pp. 569-570.) "The absence of a threatened second trial mitigates the possibility of governmental jury shopping and substantially reduces the expense and anxiety to be borne by the defendant. In addition, the government's interest in preserving a conviction fairly attained obviously is far greater than its interest in investing additional time and resources in reprosecuting a defendant following a jury's failure to reach a verdict and a trial court's judgment of acquittal." (Id. at p. 570, fn. 7 97 S. Ct. at p. 1349.)