Legal Opinion
Klein v. Leis
Court of Appeals for the Sixth Circuit
Decided November 25, 2008No. 06-3949, 06-3950, 06-4039PublishedCited by 112 opinions
1Opinion of the Court
OPINION
MILLS, District Judge.
Thomas Klein seeks habeas relief based on an alleged Double Jeopardy violation.
Posit: Did the state trial judge fail to exercise “sound discretion” by granting a mistrial without allowing the defendant to argue against the motion?
No.
In the circumstances of this case, we hold that the trial judge exercised the requisite “sound discretion” and affirm the district court’s denial of habeas relief.
I. BACKGROUND
A. Klein’s State Court Trial
In April 2005, an Ohio grand jury indicted Klein for a variety of offenses, including aggravated burglary, kidnaping, receiving…
2Cases cited26 opinions
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. BallSupreme Court of the United States · 1896
- Serfass v. United StatesSupreme Court of the United States · 1975
- Johnny Dickerson v. State of LouisianaCourt of Appeals for the Fifth Circuit · 1987
21 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Phillips v. Court of Common Pleas, Hamilton CountyCourt of Appeals for the Sixth Circuit · 2012
- Glover v. EIGHTH JUD. DIST. COURT OF STATENevada Supreme Court · 2009
- United States v. Clarence Williamson, Jr.Court of Appeals for the Sixth Circuit · 2016
- Reginald Lett v. Paul RenicoCourt of Appeals for the Sixth Circuit · 2009
- AISEN v. PEOPLE OF THE STATE OF MICHIGANDistrict Court, E.D. Michigan · 2025
107 more not listed; retrieve them via the Exa API.