United States v. Terry Lewis Davis

Appellant was convicted in the Middle District of Florida on three counts arising from his use of the mails to deliver an explosive device with intent to kill. On this direct appeal, he challenges his conviction on two grounds. First, appellant argues that his second trial on these charges violated the Double Jeopardy Clause of the Constitution. Although the judge’s order of mistrial in the first trial was given at appellant’s request, appellant asserts that the prosecutor’s actions necessitated the request and that we should therefore review his double jeopardy claim under the relatively…