Dunkerley v. Hogan

MANSFIELD, Circuit Judge:

The central issue on this appeal from the denial by the District of Vermont, Albert W. Coffrin, Judge, of a writ of habeas corpus is whether the retrial of petitioner-appellant, following a state trial judge’s sua sponte declaration of a mistrial over petitioner’s objection would violate his Fifth Amendment right to be protected against double jeopardy. We hold that it would and reverse the denial of appellant’s petition.

The facts are simple and straightforward. On October 13, 1976, the trial of appellant for the first-degree murder of his stepfather began in the…