In Re Habeas Corpus Petition of Hoang

The opinion of the court was delivered by

McFarland, J.:

In this habeas corpus proceeding the petitioner, Thai Do Hoang, contends a mistrial was improperly declared and a retrial would violate his constitutional right not to be placed in jeopardy twice for the same offense.

Hoang was charged with two counts of first-degree felony murder (K.S.A. 21-3401), one count of arson (K.S.A. 21-3718), and one count of burglary (K.S.A. 21-3715). The charges arose from an incident occurring during the early morning of October 8, 1986, wherein two men died in an after-hours fire at a restaurant. The State…