United States Sixth Circuit

Denial of an application for habeas corpus from a conviction and sentence for gross sexual imposition and rape is affirmed where petitioner's Fifth Amendment guarantee against double jeopardy was not violated because the requisite high degree of necessity existed for a mistrial.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Katherine A. Szudy, Public Defender's Office, Columbus, Ohio, for Appellant.  M. Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Katherine A. Szudy, Public Defender's Office, Columbus, Ohio, for Appellant.  Michael Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellee.