Legal Opinion
Theodore A. Weston v. Peg Kernan, Warden
Court of Appeals for the Ninth Circuit
Decided February 24, 1995No. 94-15391PublishedCited by 31 opinions
1Opinion of the Court
Opinion by Judge BEEZER; Dissent by Chief Judge WALLACE.
BEEZER, Circuit Judge:
Petitioner Theodore Weston filed a petition for a writ of habeas corpus challenging his May 1990 state court conviction of forcible oral copulation. He contends that his conviction was barred by the Double Jeopardy Clause because the state trial court ended his first trial by declaring a mistrial without his consent and in the absence of manifest necessity.
The district court granted his petition on February 9, 1994. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 and we have jurisdiction pursuant to…
2Cases cited19 opinions
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Oregon v. KennedySupreme Court of the United States · 1982
- United States v. PerezSupreme Court of the United States · 1824
14 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Scott Lee Tinsley v. George Million, WardenCourt of Appeals for the Sixth Circuit · 2005
- Wilson v. BellequeCourt of Appeals for the Ninth Circuit · 2009
- Ralph Rodney Earnest v. Donald Dorsey, Attorney General of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1996
- Harold Love v. Willis Morton, Administrator-Njsp Peter Verniero, Attorney GeneralCourt of Appeals for the Third Circuit · 1997
- Davis v. CrabtreeCourt of Appeals for the Ninth Circuit · 1997
26 more not listed; retrieve them via the Exa API.