Legal Opinion
Gregory Escobar v. Michael O'leary, Warden of Stateville Penitentiary, and Neil Hartigan, Attorney General of the State of Illinois
Court of Appeals for the Seventh Circuit
Decided September 10, 1991No. 90-1860PublishedCited by 30 opinions
1Opinion of the Court
CUMMINGS, Circuit Judge.
In this habeas case, we must decide whether petitioner Gregory Escobar’s Fifth Amendment right to be free from double jeopardy has been violated. The state court trial judge sua sponte declared a mistrial during Escobar’s first trial and Escobar was subsequently re-tried and convicted. We affirm the district court’s denial of the writ.
BACKGROUND
Rudy Lozano, a Hispanic union organizer and unsuccessful aldermanic candidate from the 22nd Ward in Chicago, was murdered on June 8, 1983, in his home as he dressed to go out for the day. The police originally suspected Ken…
2Cases cited19 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Oregon v. KennedySupreme Court of the United States · 1982
- United States v. PerezSupreme Court of the United States · 1824
14 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Henry Maldonado v. Julius Wilson, WardenCourt of Appeals for the Sixth Circuit · 2005
- Hanrahan v. WilliamsIllinois Supreme Court · 1996
- United States v. PalmerCourt of Appeals for the Fifth Circuit · 1997
- United States v. John L. Carraway, John H. BondCourt of Appeals for the Seventh Circuit · 1997
- United States v. Darius VaisetaCourt of Appeals for the Seventh Circuit · 2003
25 more not listed; retrieve them via the Exa API.