Diane Helen Mannes v. John v. Gillespie, Sheriff

JAMES R. BROWNING, Circuit Judge:

The district court issued a writ of habeas corpus “forever prohibiting” the retrial of petitioner Diane Helen Mannes on three murder charges. The state argues the district court should have abstained, and, alternatively, that the court erred in ruling retrial of Mannes for the three murders was barred by the Double Jeopardy Clause. We affirm.

I

While driving under the influence of alcohol, Mannes struck five pedestrians, killing three and injuring two others. She was charged with three counts of murder (Cal. Pen.Code § 187(a)), one count of driving under the…