United States Tenth Circuit

Grant of a petition for habeas corpus, which ordered dismissal of pending first-degree manslaughter charges against petitioner arising from a traffic accident and enjoined the state from retrying or further prosecuting her for the same incident, is affirmed where: 1) Younger abstention is unwarranted where a criminal accused presents a colorable claim that a forthcoming second state trial will constitute a violation of her double jeopardy rights; 2) 28 U.S.C. section 2241 is the proper avenue by which to challenge pretrial detention, including when such challenges are based on double jeopardy grounds; and 3) under the circumstances, a witness's absence did not give rise to manifest necessity for the mistrial, over petitioner's objection, for double jeopardy purposes.

Appellate Information

• Decided 01/04/2007
• Published 01/05/2007

Judges

• KELLY, Circuit Judge., Before KELLY, LUCERO, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Steven Michael Presson, Jackson & Presson, P.C., Norman, OK, for Petitioner-Appellee., Michael S. Ashworth, (John J. Foley, Assistant District Attorney, and Richard Smotherman, District Attorney, with him on the briefs), Shawnee, OK, for Respondent-Appellant.