Legal Opinion
John Thomas v. Municipal Court of the Antelope Valley Judicial District of California
Court of Appeals for the Ninth Circuit
Decided June 23, 1989No. 88-5700PublishedCited by 25 opinions
1Opinion of the Court
CYNTHIA HOLCOMB HALL, Circuit Judge:
Dr. John Thomas, on appeal from the district court’s denial of his petition for a writ of habeas corpus, claims that the double jeopardy clause of the fifth amendment bars his retrial in state court for the assault and battery of his estranged wife. Dr. Thomas contends that (1) the district court improperly determined his attorney had a conflict of interest, and (2) his retrial is barred because the trial judge declared a mistrial sua sponte, after jeopardy had attached, without manifest necessity.
I
In 1979, Wanda Thomas married Dr. Thomas although, at the…
2Cases cited22 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Wheat v. United StatesSupreme Court of the United States · 1988
- Crist v. BretzSupreme Court of the United States · 1978
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- People v. MansonCalifornia Court of Appeal · 1976
17 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Daniel Eugene Frazer v. United StatesCourt of Appeals for the Ninth Circuit · 1994
- Michael Wayne Jennings v. Jeanne Woodford, Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2002
- United States v. Ronald R. RewaldCourt of Appeals for the Ninth Circuit · 1989
- Concat Lp v. Unilever, PlcDistrict Court, N.D. California · 2004
- United States v. David Allen Bates Ricky Lee ArcherCourt of Appeals for the Ninth Circuit · 1991
20 more not listed; retrieve them via the Exa API.