In Love v. Morton, 944 F. Supp. 379 (D.N.J. 1996), the Third Circuit was unimpressed with the State's arguments that the trial judge properly rejected the alternative of excusing the jury for a period of time because the court was unable to tell the jurors how long the trial would be delayed. The Third Circuit held "as a matter of law, declaring a mistrial . . . in this case was not manifestly necessary when the decision . . . could have been postponed . . ." at which time alternatives could have been explored. Id. at 137. The mistrial in Love occurred during the first day of testimony but the Third Circuit nevertheless found no exception to the double jeopardy clause.