United States First Circuit

Federal habeas relief was properly denied where the state court reasonably concluded that, because petitioner had an opportunity to request a mistrial and did so, the manifest necessity test did not apply and retrial was not barred absent a finding of judicial conduct intended to provoke petitioner into requesting a mistrial.

Appellate Information

• Decided 11/06/2002
• Published 11/06/2002

Judges

• STAHL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, B. FLETCHER, Senior Circuit Judge, and STAHL, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Greg T. Schubert for appellant.


• For Appellees:
  
• James J. Arguin, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellees.