Legal Opinion
Deshawn J. Johnson v. James Karnes, Sheriff
Court of Appeals for the Sixth Circuit
Decided December 1, 1999No. 98-3099PublishedCited by 29 opinions
1Opinion of the CourtJones, J., joined by Cole, J.,
BOGGS, J. (pp. 597-99), delivered a separate dissenting opinion.
OPINION
NATHANIEL R. JONES, Circuit Judge.
Petitioner-appellant Deshawn Johnson appeals the district court’s judgment denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Johnson argues that the state trial court’s declaration of a mistrial without his consent and in the absence of “manifest necessity,” coupled with the State’s subsequent decision to retry him, violates the Double Jeopardy Clause of the Fifth Amendment. For the reasons stated herein, we REVERSE the judgment of the district court and REMAND for further…
2Cases cited16 opinions
- Estelle v. McGuireSupreme Court of the United States · 1991
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Klein v. LeisCourt of Appeals for the Sixth Circuit · 2008
- Lawrence Walls v. Kelleh Konteh, WardenCourt of Appeals for the Sixth Circuit · 2007
- State v. Colvin, Unpublished Decision (3-29-2005)Ohio Court of Appeals · 2005
- Rhea v. JonesDistrict Court, W.D. Michigan · 2008
- Antioch Litigation Trust v. McDermott Will & Emery LLPDistrict Court, S.D. Ohio · 2010
24 more not listed; retrieve them via the Exa API.