Mary Patricia Taylor v. Don Dawson, Jailer, Lincoln County Jail

DAVID A. NELSON, Circuit Judge.

Where a criminal proceeding is terminated by the declaration of a mistrial to which the defendant did not consent and for which there was no “manifest necessity,” the Double Jeopardy Clause of the Fifth Amendment bars retrial of the defendant for the same offense. See United States v. Jorn, 400 U.S. 470, 481, 91 S.Ct. 547, 555, 27 L.Ed.2d 543 (1971) (plurality opinion), quoting United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824). The principles of the Double Jeopardy Clause have been made applicable to the states through the Fourteenth…