Phillips v. Court of Common Pleas, Hamilton County
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
GRIFFIN, Circuit Judge.
James Phillips appeals the district court’s denial of his pretrial petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. After the state trial court granted Phillips’s motion for a mistrial, the State of Ohio sought to retry him. He moved to dismiss the indictment on double jeopardy grounds, but the state court denied his motion. This habeas petition followed. We affirm.
I
James Phillips was indicted in the Hamilton County Court of Common Pleas on two counts of Unlawful Sexual Conduct with a Minor, in violation of Ohio Rev.Code § 2907.04(A), and one…
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