In Re Minnis, Jr.

PlERRON, J:

Jackie P. Minnis, Jr., has filed an original action seeking a writ of habeas corpus. He seeks to prevent a second trial, following a mistrial on one count of possession of cocaine. He alleges a second trial would violate his statutory and constitutional protections against double jeopardy. By order of this court, the second jury trial has been stayed pending determination of the petition.

A writ of habeas corpus is appropriate for relief from double jeopardy. See In re Habeas Corpus Petition of Hoang, 245 Kan. 560, 781 P.2d 731 (1989); In re Habeas Corpus Petition of Mason, 245 Kan.…