Darrett Bernard Baker v. Honorable Don Metcalfe, Judge, Criminal District Court, Etc., Respondent

AINSWORTH, Circuit Judge.

In this habeas corpus proceeding the issue is whether certain actions of the Dallas County, Texas, Assistant District Attorney constitute prosecutorial overreaching sufficient to bar, on double jeopardy grounds, the retrial of defendants whose first prosecution ended in a mistrial. Petitioners-ap-pellees, Baker and Humphrey, were tried along with two other defendants, Bowie and Freeman, in Texas state court, but the proceedings against the defendants terminated when the state trial judge, Judge Metcalfe, declared a mistrial. Baker and Humphrey then filed Special Pleas…