Terry Lee Harris v. R. A. Young, Warden

HAYNSWORTH, Chief Judge:

Harris was tried twice for the murder of Joyce Hutchins. His first bench trial ended when the judge, sua sponte, declared a mistrial because of noncompliance with his discovery orders. Harris was subsequently brought to trial before the same judge and found guilty. He then sought habeas relief claiming the second trial and conviction constituted double jeopardy. The district court denied relief and Harris appealed. We reverse, for we find the declaration of a mistrial was not supported by “manifest necessity” as required by the Fifth Amendment, and thus the second…