United States Sixth Circuit

In a criminal case in which a trial judge found that the 9/11 attacks created the kind of "manifest necessity" that justified a mistrial, grant of a writ of habeas corpus based upon a conclusion that the sua sponte declaration of a mistrial by the judge violated petitioner's double jeopardy rights is reversed where a state appellate court's affirmance of the mistrial decision was neither "contrary to," nor an "unreasonable" application of, federal law.

Appellate Information

• Decided 06/15/2007
• Published 06/15/2007

Judges

• Before:  NORRIS, GILMAN, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Diane Mallory, Office of the Attorney General, Columbus, Ohio, for Appellant.  John F. Potts, Law Office of John F. Potts, Toledo, Ohio, for Appellee.   ON BRIEF:  Diane Mallory, Office of the Attorney General, Columbus, Ohio, for Appellant.  John F. Potts, Law Office of John F. Potts, Toledo, Ohio, for Appellee.