Colvin v. Sheets

OPINION

SUHRHEINRICH, Circuit Judge.

The Double Jeopardy Clause of the Fifth and Fourteenth Amendments bars retrial following a declaration of mistrial unless the defendant consented to the mistrial or there was a “manifest necessity” for the mistrial. In this habeas appeal brought under 28 U.S.C. § 2244, Respondent Michael Sheets challenges the district court’s conclusion that the state court unreasonably applied Supreme Court precedent when it determined that the state trial court’s declaration of a mistrial was manifestly necessary and therefore not a violation of Colvin’s Fifth Amendment…