Creighton v. Timothy Hall

STAHL, Senior Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Massachusetts, entered on February 13, 2002, denying Donald Creighton’s petition for habeas relief under 28 U.S.C. § 2254. After a Massachusetts Superior Court judge declared a mistrial, Creighton was retried by a newly impaneled jury and convicted of rape, kidnapping, and assault and battery. He asserts that the second trial and the resulting convictions violated his federal constitutional right against double jeopardy. Both the state Superior and Appellate Courts held that the…