John Petrucelli v. Phillip Coombe, Jr., Superintendent, Eastern New York Correctional Facility

MESKILL, Circuit Judge:

John Petrucelli appeals the dismissal of his petition for a writ of habeas corpus by the United States District Court for the Western District of New York, Curtin, C.J. He asserts that his right not to be placed in double jeopardy was violated when the state court prosecutor deliberately attempted to provoke a mistrial and when the state trial court admitted evidence that he committed a murder after he had already been acquitted of the murder in a previous trial. We hold that Petrucelli did not exhaust his state remedies for his second double jeopardy claim.…