United States Sixth Circuit

District court's orders releasing defendant from prison and barring his reprosecution on the ground that the State took too long to conduct a second trial are reversed and remanded with instructions to dismiss the petition for lack of jurisdiction as no federal power authorized the district court to release the defendant from pretrial detention on a legitimate state charge, or to bar his reprosecution.

Appellate Information

• Decided 11/12/2009
• Published 11/12/2009

Judges

• Before:  BATCHELDER, Chief Judge;  NORRIS and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  B. Eric Restuccia, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.  Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellee.   ON BRIEF:  B. Eric Restuccia, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.   Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellee.   Benjamin C. Mizer, Office of the Ohio Attorney General, Columbus, Ohio, for Amici Curiae.