Legal Opinion

Lydon v. Justices of Boston Municipal Court

District Court, D. Massachusetts

Decided April 13, 1982No. Civ. A. 81-2311-GPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER ON HABEAS CORPUS PETITION

GARRITY, District Judge.

Petitioner Michael Lydon seeks a writ of habeas corpus to prevent Massachusetts from trying him a second time pursuant to its two-tier trial system. Petitioner contends that a second trial under the circumstances of his case would violate the double jeopardy clause of the federal constitution. Respondents have moved to dismiss on the grounds that the court lacks jurisdiction, that petitioner has not exhausted state remedies and that the double jeopardy clause does not bar a retrial as provided here.

Massachusetts provides…

2Cases cited15 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Griffin v. IllinoisSupreme Court of the United States · 1956
  3. Green v. United StatesSupreme Court of the United States · 1957
  4. Abney v. United StatesSupreme Court of the United States · 1977
  5. Jones v. CunninghamSupreme Court of the United States · 1963

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3Cited by6 opinions

  1. Justices of Boston Municipal Court v. LydonSupreme Court of the United States · 1984
  2. Michael Lydon v. Justices of the Boston Municipal CourtCourt of Appeals for the First Circuit · 1982
  3. Hutson v. Justices of the Wareham District CourtDistrict Court, D. Massachusetts · 1982
  4. Commonwealth v. VaughnMassachusetts Appeals Court · 1984
  5. Justices of Boston Municipal Court v. LydonSupreme Court of the United States · 1984

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