Divans v. California

Mr. Justice Rehnquist, Circuit Justice.

Applicant has requested that I stay the commencement of his second trial in the Superior Court of Santa Clara County, Cal., pending the filing and disposition of a petition for cer-tiorari here. His first trial aborted as a result of the trial judge’s declaration of a mistrial upon applicant’s motion. I have determined the application should be denied.

Any order granting a mistrial at the behest of a defendant in a criminal case is typically based upon error or misconduct on the part of other counsel or the court. In order to elevate such a typical order…