Martinez v. Caldwell

EMILIO M. GARZA, Circuit Judge:

Louisiana Attorney General James D. Caldwell (“the State”) appeals the district court’s order granting the habeas corpus petition filed by Defendant-Appellee Clint Martinez (“Martinez”). Martinez’s first murder trial ended in a declaration of mistrial. When the State sought to retry him on the murder charge, Martinez moved to prevent the trial under the doctrine of Double Jeopardy. His motion was granted, but reversed on appeal. Martinez then filed for federal habeas and the State stayed Martinez’s prosecution pending the disposition of his federal petition. For…